Legal Opinion

Chappotin v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2011PublishedCited by 1 opinion

1Opinion of the Court

*426Trial counsel is afforded wide latitude in presenting arguments to a jury in summation (see Califano v City of New York, 212 AD2d 146, 154-155 [1995]). Where defense counsel remains within the broad bounds of rhetorical comment in pointing out the insufficiency and contradictory nature of a plaintiffs proof, such remarks do not deprive the plaintiff of a fair trial (McDonald v City of New York, 172 AD2d 296, 297 [1991], lv denied 78 NY2d 861 [1991]). Defense counsel came close to overstepping that line when he argued, inter alia, referring to plaintiff, that “this is a man who has played the…

2Cases cited5 opinions

  1. Califano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  2. Wilson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  3. Smith v. AuAppellate Division of the Supreme Court of the State of New York · 2004
  4. McDonald v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  5. Penn v. Amchem ProductsAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Acosta v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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