,

A real doozy from the Fourth Department

Smolinski v Smolinski, 2010 NY Slip Op 08468 (4th Dept. 2010)

I admit that I failed to pick up this case on my own.  A nice email from the law journal with their cases of interest was transmitted on my Blackberry today.  Having found a free moment while grabbing breakfast, I opened the email and saw this case.  All I could say is (edited for content).  This case presents some interesting evidentiary issues that arose.  But the behavior of the attorneys in this case and the lashing the attorneys received from this court was a little upsetting, even when (according to the law journal) this case had a jury value of 44 million dollars.  Note the word had since the liability verdict was reversed for a new trial – the fourth new one.

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