Calzado v. New York City Transit Authority

Judgment, Supreme Court, Bronx County (George Friedman, J., and a jury), entered on or about November 30, 2001, in an action for personal injuries sustained in a fall on a platform at the base of a set of steps leading up to an elevated subway station, apportioning liability 75% against defendant New York City Transit Authority and 25% against plaintiff, and awarding preapportionment, prestructured damages of, inter alia, $100,000 and $700,000 for past and future pain and suffering, respectively, unanimously affirmed, without costs.

While plaintiff’s attorney’s remarks on summation seeking to fashion a conspiracy to cover up the facts surrounding plaintiff's fall were deplorable, they did not warrant a mistrial and the trial court’s denial of such motion was a proper exercise of discretion. Plaintiff’s case was very strong, and we are satisfied that the net effect of counsel’s improper, but largely isolated, conspiracy allusion was minimal (compare Melendez v New York City Tr. Auth., 196 AD2d 460 , 462 [1993]; Clarke v New York City Tr. Auth., 174 AD2d 268 , 278 [1992]).