Friday, January 19, 2007

Other than that, Counselor, what do you think about him?

On January 16, 2007, in O'Neil v. Klass, the Second Department agreed that plaintiff had been deprived of a fair trial because, among other things, defense counsel had made "many improper, inflammatory remarks during the cross-examination of the plaintiff's experts and summation. For instance, during the cross-examination of one of the plaintiff's expert witnesses, the defense counsel repeatedly characterized the witness's responses as 'lies,' accused the witness of 'deliberately misleading the jury,' and called him 'an evasive person' as well as a 'professional' witness. In summation, he stated '[T]he man is a lie,' and argued that the witness was a 'self-admitted professional witness.'"