King v. City of New York

Full title: MICHAEL KING, Respondent, v. CITY OF NEW YORK et al., Appellants

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

Date published: Nov 28, 1994

209 A.D.2d 673 (N.Y. App. Div. 1994)

619 N.Y.S.2d 956

Opinion

November 28, 1994

Appeal from the Supreme Court, Kings County (Kramer, J.).

Ordered that the order is affirmed, with costs.

In light of the inflammatory and improper summation comments of the defense counsel and the strong evidence of negligence offered by the plaintiff in support of a liability finding against the defendants, we conclude that the court properly exercised its discretion under CPLR 4404 (a) by setting aside the jury's verdict and ordering a new trial. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.