CALZADO v. NEW YORK CITY TRANSIT AUTHORITY


304 A.D.2d 385 (2003)

758 N.Y.S.2d 303

JEANETTE CALZADO, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 10, 2003.


While plaintiff's attorney's remarks on summation seeking to fashion a conspiracy to cover up the facts surrounding plaintiff's fall were deplorable, they did not warrant a mistrial and the trial court's denial of such motion was a proper exercise of discretion. Plaintiff's case was very strong, and we are satisfied that the net effect of counsel's improper, but largely isolated, conspiracy allusion was minimal (compare Melendez v New York City Tr. Auth.,

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