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DESINOR v. NEW YORK CITY TRANSIT AUTHORITY

34 A.D.3d 521 (2006)

823 N.Y.S.2d 680

MARJORIE DESINOR, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided November 14, 2006.

Ordered that the judgment is affirmed, with costs.

"[A]ll litigants, regardless of the merits of their case, are entitled to a fair trial" (Habenicht v R. K. O. Theatres, 23 A.D.2d 378, 379 [1965]; see Salzano v City of New York, 22 A.D.2d 656 [1964]). "Inevitably a trial court sets the pattern for the jury" (Livant v Adams,

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