Legal Opinion

Valenzuela v. City of New York

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

Decided December 11, 2008PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Moskowitz, J.

We reverse and remand this case for a new trial because the misconduct of plaintiffs 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 five to six feet from the bag, he tripped when his left foot fell into a ditch. He felt his left ankle crack. Plaintiff claimed that the ditch, that he…

2Cases cited5 opinions

  1. People v. PapernoNew York Court of Appeals · 1981
  2. Clarke v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  3. Marcoux v. Farm Service and Supplies, Inc.District Court, S.D. New York · 2003
  4. Senn v. ScudieriAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by5 opinions

  1. Newark v. PimentelAppellate Division of the Supreme Court of the State of New York · 2014
  2. Geltzer v. Brizinova (In re Brizinova)United States Bankruptcy Court, E.D. New York · 2017
  3. Gregware v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Gregware v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  5. Newark v. PimentelAppellate Division of the Supreme Court of the State of New York · 2014

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