Wallace v. Booth Memorial Hospital

Judgment unanimously affirmed with costs. Memorandum: Although counsel improperly appealed to the jury’s sympathy in his comments on summation that an unfavorable verdict would brand defendant as a killer and destroy his life, these isolated remarks did not deprive plaintiff of a fair trial (see, Moore v Town of Huntington, 39 AD2d 764; Weinstein v Prostkoff, 13 AD2d 539). We reject plaintiff’s argument that defense counsel’s direct examination of expert witness Dr. Joseph Buda was leading or suggestive. Plaintiff’s remaining contentions, that defense counsel made prejudicial comments…