RIZZO v. KAY

2009-07918.

79 A.D.3d 1001 (2010)

915 N.Y.S.2d 92

LINDA RIZZO, Respondent, v. GIDEON KAY, D.D.S., Appellant, and JOSEPH MANISCALCO, D.D.S., Respondent.

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

Decided December 21, 2010.


Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the appellant's contention, the conduct of the trial court did not deprive him of a fair trial. Although the manner in which the trial court questioned witnesses was inappropriate in a few instances, the court did not engage in the type of repeated prejudicial intrusions that have been found to prevent the jury from considering the evidence in a fair, calm, and unprejudiced manner (see Malaty...

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