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Giannattasio v. Han Suk Kang

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 728 (N.Y. App. Div. 2011)

Opinion

No. 2009-07420.

May 3, 2011.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated June 17, 2009 which, upon a jury verdict, is against him and in favor of the defendant New York City Off-Track Betting Corp. dismissing the complaint insofar as asserted against it.

Lester B. Herzog, Brooklyn, N.Y., for appellant.

Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (Seth M. Weinberg and Jeffrey Pincus of counsel), for respondent.

Before: Mastro, J.P., Plorio, Belen and Chambers, JJ.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contentions, he was not deprived of a fair trial due to the trial court's evidentiary rulings, demeanor, and rejection of proposed jury instructions ( see generally DeCrescenzo v Gonzalez, 46 AD3d 607, 608-609; Gallo v Supermarkets Gen. Corp., 112 AD2d 345, 348). The plaintiffs contention that the trial court erred in declining to poll the jury is without merit, as the plaintiffs counsel made the request after the jury exited the courtroom ( see generally Duffy v Vogel, 12 NY3d 169, 175).

The plaintiff's remaining contentions are without merit.


Summaries of

Giannattasio v. Han Suk Kang

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 728 (N.Y. App. Div. 2011)
Case details for

Giannattasio v. Han Suk Kang

Case Details

Full title:Rocco GIANNATTASIO, Appellant, v. HAN SUK KANG et al., Defendants, and NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 2011

Citations

84 A.D.3d 728 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 3801
922 N.Y.S.2d 789

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