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CARABALLO v. CITY OF NEW YORK

86 A.D.2d 580 (1982)

David Caraballo, an Infant, by His Father and Natural Guardian, Efraim Caraballo, et al., Respondents, v. City of New York, Defendant, and New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 28, 1982

We are compelled to reverse this judgment because of the grossly improper and inflammatory summation by plaintiffs' attorney, Mr. Raymond B. Schwartzberg. The summation had as its continuing theme a personal attack on defendant-appellant's attorney, unsubstantiated charges of perjury and subornation of perjury; racial overtones; and assertions of personal knowledge and personal opinion as to the case and the credibility of witnesses...

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