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VALENZUELA v. CITY OF NY.

59 A.D.3d 40 (2008)

869 N.Y.S.2d 49

JOAQUIN VALENZUELA, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided December 11, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Susan Choi-Hausman, Pamela Seider Dolgow, David Depugh and Elizabeth S. Natrella of counsel), for appellant.

The Pagan Law Firm, P.C., New York City (Tania M. Pagan of counsel), for respondent.

ANDRIAS, J.P., NARDELLI, McGUIRE and RENWICK, JJ., concur.

OPINION OF THE COURT

MOSKOWITZ, J.

We reverse and remand this case for a new trial because the misconduct of plaintiff's counsel so tainted the proceedings that it deprived defendant of a fair trial.

On May 16, 1999, plaintiff was injured when he fell during a softball game in the middle softball field in Fort Washington Park. The accident occurred while plaintiff was running from second base to home plate. After rounding third base, approximately...

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