Gregware v. City of New York

I dissent. The record clearly reflects a pattern of highly inflammatory, prejudicial and improper comments made by plaintiffs’ counsel during his summation. Taken as a whole, those comments deprived defendants, particularly the City of New York, of a fair trial. I would therefore remand this case for a new trial on all issues.

There are certain well-settled principles established that apply to all trials. Basic to our adversarial system of justice is the principle that “all litigants, regardless of the merits of their *65case, are entitled to a fair trial” (Habenicht v R. K. O. Theatres, 23 AD2d…