Rivera v. Time Warner Cable of New York City

Full title: REINALDO RIVERA, Appellant, v. TIME WARNER CABLE OF NEW YORK CITY et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1996

228 A.D.2d 661 (N.Y. App. Div. 1996)

644 N.Y.S.2d 969

Opinion

June 24, 1996

Appeal from the Supreme Court, Kings County (Vaccaro, J.).

Ordered that the judgment is affirmed, with one bill of costs.

We find unpersuasive the appellant's contention that he was deprived of a fair trial by the trial court's conduct. The trial court's interjections, albeit frequent, were designed to, and did, elicit and clarify facts material to the issues in the trial and expedite the progress of the trial ( LaMotta v. City of New York, 130 A.D.2d 627), and were performed in an "evenhanded, non-prejudicial" manner ( Vialva v. City of New York, 118 A.D.2d 701, 704). Mangano, P.J., Rosenblatt, Ritter and Copertino, JJ., concur.