A New York state appeals court has thrown out a $14 million medical malpractice verdict, holding that a Brooklyn Supreme Court judge’s inappropriate conduct, including presenting the brain-damaged 4-year-old plaintiff with a box of candy in front of the jury, denied the defense a fair trial.

“[B]y virtue of the cumulative effect of the improper conduct of the trial court … the jury could not have considered the issues at trial in a fair, calm and unprejudiced manner,” the unanimous Appellate Division, 2nd Department, panel held in its unsigned decision, DeCrescenzo v. Gonzalez, 28828/01.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]