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HELLER v. LOUIS PROVENZANO, INC.

257 A.D.2d 378 (1999)

683 N.Y.S.2d 92

KENNETH HELLER, Respondent-Appellant, v. LOUIS PROVENZANO, INC., et al., Appellants-Respondents.

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

Decided January 7, 1999.

In this action for personal injuries sustained when plaintiff fell as he exited the freight elevator in defendant's parking garage, we remand for a new trial because of the serious misconduct—both before and during trial—of plaintiff and plaintiff's attorney. Mr. Heller's behavior included entering the jury selection room prior to trial, without either counsel present, and speaking with prospective jurors,* wandering around the courtroom...

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