BANKS-DALRYMPLE v. CHANG

8140N. 308657/11.

168 A.D.3d 529 (2019)

90 N.Y.S.3d 513

2019 NY Slip Op 00367

Wanda Banks-Dalrymple, Respondent, v. Judy Chang, D.D.S., et al., Appellants.

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

Decided January 17, 2019.


Although the Court did not abuse its discretion in declaring a mistrial for defendant's counsel's violation of the court's in limine ruling, we find that a curative instruction, together with a striking of the impermissible parts of the record, would have sufficed. Accordingly, having declared the mistrial, it was a proper exercise of the court's discretion to sanction defendants' counsel, for its prejudicial questioning of plaintiff on a matter ruled inadmissable (Rules...

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