A Queens judge who cut short an attorney’s opening statement in a medical malpractice trial and then threw out the case has been overruled by a Brooklyn appellate court that criticized his “improper conduct” in the matter and assigned the case to another judge.
Faulting Queens Supreme Court Justice Duane Hart (See Profile) for his interruption and sua sponte dismissal, the Appellate Division, Second Department, on Wednesday said Hart’s actions were “based upon pure conjecture and surmise, without any legal basis, and absent any evidentiary proof.”
