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LOWELL v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

234 A.D.2d 151 (1996)

651 N.Y.S.2d 303

Scott Lowell, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

December 17, 1996

Upon review of the record, we are persuaded that the egregious misconduct of defense counsel precluded the jury from considering closely contested issues "`in the calm and untrammelled spirit necessary to effect justice'" (Schaffer v Kurpis, 177 A.D.2d 379, 380, quoting Kamen Soap Prods. Co. v Prusansky & Prusansky, 11 A.D.2d 676), and otherwise deprived plaintiff of...

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