Legal Opinion · Dissent

Chappotin v. City of New York

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

Decided December 6, 2011Published

1DissentManzanet-Daniels, J.

I would find that defense counsel overstepped the permissible line of advocacy. Defense counsel argued that plaintiff “is a man who has played the system going on 15 years,” further noting that plaintiff had been on disability since 1995; that “[hjere’s someone who doesn’t have a concern about getting medical care. He doesn’t have a concern about working.” Defense counsel made additional comments including, “This is someone who understands how to make his way in the world. He has come here with a story about falling here.” Counsel argued, “I submit to you that the truth that you heard from…

2Cases cited3 opinions

  1. Clarke v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  2. Lucian v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
  3. McArdle v. HurleyAppellate Division of the Supreme Court of the State of New York · 2008

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