Reynolds v. Burghezi, 227 A.D.2d 941 (N.Y. App. Div. 1996). · Go Syfert
Reynolds v. Burghezi, 227 A.D.2d 941 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
13 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Maraviglia v. Lokshina (nyappdiv, 2012-02-28)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Maraviglia v. Lokshina
N.Y. App. Div. · 2012 · confidence medium
Based on the foregoing, the Supreme Court should have granted that branch of the plaintiffs’ motion which was pursuant to CPLR 4404 (a) to set aside the jury verdict on the issue of liability and for a new trial (see Blinds to Go [US], Inc. v Times Plaza Dev., L.P., 88 AD3d 838 [2011]; Gutierrez v City of New York, 205 AD2d 425 [1994]; Pagano v Murray, 309 AD2d 910, 911 [2003]; Reynolds v Burghezi, 227 AD2d 941, 942 [1996]; Steidel v County of Nassau, 182 AD2d 809, 814 [1992]).
discussed Cited as authority (rule) Delong v. County of Chautauqua
N.Y. App. Div. · 2010 · confidence medium
In any event, “the jury’s findings are supported by a reasonable view of the evidence and are not inconsistent as a matter of law” (Reynolds v Burghezi, 227 AD2d 941, 943 [1996]; see Lemberger v City of New York, 211 AB2d 622 [1995]).
discussed Cited as authority (rule) Potter v. Jay E. Potter Lumber Co.
N.Y. App. Div. · 2010 · confidence medium
Here, “the jury’s findings are supported by a reasonable view of the evidence and are not inconsistent as a matter of law” (Reynolds v Burghezi, 227 AD2d 941, 943 [1996]; see Lemberger v City of New York, 211 AD2d 622 [1995]).
discussed Cited as authority (rule) Norton v. Nguyen
N.Y. App. Div. · 2008 · confidence medium
As for the challenged statements made by plaintiffs’ counsel in summation, most constituted fair comment on the evidence or a response to the defense summation. 2 While it is inappropriate to refer to the jury as the “conscience of the community,” the context of that single reference reveals that there was no repeated prejudicial appeal to the jury’s sympathies and no inappropriate effort to obtain punitive damages (compare Reynolds v Burghezi, 227 AD2d 941, 942 [1996]; Halftown v Triple D Leasing Corp., 89 AD2d 794, 794 [1982]).
discussed Cited as authority (rule) Stewart v. Olean Medical Group, P.C.
N.Y. App. Div. · 2005 · confidence medium
Although defendants failed to object to the summation comments, reversal is warranted in the interest of justice because the misconduct of plaintiffs counsel “did not consist of an isolated remark during questioning or summation, but a seemingly continual and deliberate effort to divert the jurors’ and the court’s attention from the issues to be determined” (Reynolds v Burghezi, 227 AD2d 941, 942 [1996] [internal quotation marks omitted]).
discussed Cited as authority (rule) Lamana v. Jankowski
N.Y. App. Div. · 2004 · confidence medium
Given that plaintiff did not move for a directed verdict on the question of whether the threshold showing of serious injury had been met (see Miller v Miller, 68 NY2d 871 [1986] [failure to move for directed verdict considered concession of jury issue on serious injury question]), and the conflicting evidence as to plaintiffs injuries adduced at trial, the trial court usurped the province of the jury in determining that plaintiff had met the Insurance Law § 5102 threshold as a matter of law (see Young v Gould, 298 AD2d 287 [2002]; Noble v Ackerman, 252 AD2d 392, 395 [1998]; Cooper-Fry v Kolke…
cited Cited as authority (rule) Ruddock v. Happell
N.Y. App. Div. · 2003 · confidence medium
A fortiori, the court erred in determining, as a matter of law, that plaintiff sustained a serious injury as a result of the accident (see Reynolds v Burghezi, 227 AD2d 941, 942 [1996]).
Retrieving the full opinion text from the archive…
Kathleen M. Reynolds
v.
Laurie A. Burghezi, and William Weisbeck
Appellate Division of the Supreme Court of the State of New York.
May 31, 1996.
227 A.D.2d 941
1996 N.Y. App. Div. LEXIS 6867
Cited by 12 opinions  |  Published

Judgment unanimously reversed in the exercise of discretion and on the law without costs and new trial granted. Memorandum: William Weisbeck, Niagara Fron[*942] tier Transportation Authority and Niagara Frontier Transit Metro System, Inc. (defendants), contend that they were deprived of a fair «trial by various improprieties committed by plaintiffs attorney on summation and that they are therefore entitled to a new trial on both liability and damages. We conclude that the interests of justice require a retrial against all defendants on both liability and damages (see, Stanton v Clegg, 278 App Div 486). During summation, plaintiffs attorney, inter alia, accused defendants of illegal conduct; acted as an unsworn witness on subjects such as the manner in which bus drivers generally drive and the purpose of "no stopping” signs; interjected his opinion of the evidence at trial; and asked the jury to "provide” for plaintiff, discussing irrelevant evidence in an effort to appeal to the jury’s passion and sympathy (see, Clarke v New York City Tr. Auth., 174 AD2d 268, 276; see also, DiMichel v South Buffalo Ry. Co., 80 NY2d 184; Rodriguez v New York City Hous. Auth., 209 AD2d 260, 261; Escobar v Seatrain Lines, 175 AD2d 741). Those improprieties, although unpreserved for appellate review by timely objection, warrant reversal in the exercise of discretion because they did not consist of " 'an isolated remark during questioning or summation, but a seemingly continual and deliberate effort to divert the jurors’ and the court’s attention from the issues to be determined’ ” (Clarke v New York City Tr. Auth., supra, at 278, quoting Mercurio v Dunlop, Ltd., 77 AD2d 647).

Further, Supreme Court erred in refusing to submit to the jury the threshold issue whether plaintiff suffered a serious injury as defined by Insurance Law § 5102 (d). "The existence of a serious injury is generally a matter for the jury’s determination” (Perez v Rousseau, 190 AD2d 1040, citing Kupfer v Dalton, 169 AD2d 819; see also, Bader v Santana, 106 AD2d 858; Luppino v Busher, 97 AD2d 499). Given the conflicting evidence regarding plaintiff’s injury, "[the] jury could have rationally determined that plaintiff did not sustain a serious injury” (Murphy v Hasenflue, 198 AD2d 754, 755; see, Perez v Rousseau, supra).

Defendants contend that the court also erred in permitting plaintiffs attorney to question defendant Weisbeck regarding eight prior accidents in which he was involved. That contention is not preserved for our review (see, Jones v Brilar Enters., 184 AD2d 1077). However, because we are granting a new trial, we note that it is "well settled that a plaintiff may not adduce evidence tending to demonstrate that a person alleged to have committed a negligent act has previously committed similar acts or was generally negligent” (Feaster v New York City Tr. [*943] Auth., 172 AD2d 284, 285). Here, the questioning concerning those prior accidents was not relevant to any other issue in the case and thus was improper.

Defendants further contend that the jury’s findings that defendant Burghezi was negligent but that her negligence was not a proximate cause of the accident are inconsistent. By failing to object to the verdict on that ground before the jury was discharged, defendants failed to preserve that issue for our review (see, Stangl v Compass Transp., 221 AD2d 909). In any event, the jury’s findings are supported by a reasonable view of the evidence and are not inconsistent as a matter of law (see, Lemberger v City of New York, 211 AD2d 622, 623).

We note that the jury’s finding of damages for past lost wages is not supported by the record. We have reviewed defendants’ remaining contentions and conclude that they are without merit. (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Negligence.) Present — Denman, P. J., Pine, Fallon, Balio and Boehm, JJ.