Kennedy v. Children's Hospital of Buffalo

—Judgment unanimously reversed in the interest of justice without costs, complaint reinstated and new trial *919granted. Memorandum: Plaintiff appeals from a judgment dismissing the complaint following a jury verdict of no cause of action. She contends that she was denied a fair trial by the misconduct of defendant’s attorney. Although that contention is not preserved for our review (see, Califano v City of New York, 212 AD2d 146,152-153), we conclude that the misconduct of defendant’s attorney throughout the trial and particularly during summations deprived plaintiff of a fair trial, and thus we…