O'Callaghan v. Walsh

Judgment, Supreme Court, Bronx County (Hansel L. McGee, J.) entered December 29, 1993, as amended by a so-ordered stipulation entered on or about June 13, 1994, which, upon a jury verdict, awarded plaintiff the sum of $3,685,970.00 plus interest and costs, unanimously reversed, on the law, without costs, and the matter is remanded for a new trial.

In this action for personal injuries suffered by plaintiff when he was struck on the head and neck by a four pound piece of plaster which fell from his bathroom ceiling, it was improper for the trial court, absent any showing that counsel’s conduct…