Pope v. New York City Transit Authority

Full title: ROBERT POPE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Nov 20, 1997

244 A.D.2d 263 (N.Y. App. Div. 1997)

665 N.Y.S.2d 843

Opinion

November 20, 1997

Appeal from the Supreme Court, Bronx County (Lottie Wilkins, J.).

In this personal injury action, defendant properly impeached plaintiff's credibility by proof of his criminal convictions and bad acts (CPLR 4513; see, Murphy v. Estate of Vece, 173 A.D.2d 445, 446-447).

Plaintiff failed to preserve his present contention that defendant's counsel made improper remarks in summation ( see, Califano v. City of New York, 212 A.D.2d 146, 152-153) and, in any event, that summation was within the broad latitude afforded parties ( supra, at 154-155).

The verdict sheet properly required the jury to determine the factual questions dispositive of the action, specifically whether the door at the top of the stairway had been secured.

We have reviewed plaintiff's remaining contentions and find that they do not warrant reversal.

Concur — Sullivan, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.