Habenicht v. R.K.O. Theatres, Inc.
| Decision Date | 29 June 1965 |
| Citation | 260 N.Y.S.2d 890,23 A.D.2d 378 |
| Parties | Frederick HABENICHT, Plaintiff-Appellant, v. R.K.O. THEATRES, INC., Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Norman Roy Grutman, New York City, of counsel (Ciceil L. Gross with him on the brief), for appellant.
Joseph J. Brophy, New York City, of counsel (Hanlon & Dawe, New York City, attorneys), for respondent.
Before BOTEIN, P. J., and BREITEL, RABIN, VALENTE and STALEY, JJ.
It is unfortunate that we again are obliged to repeat what we have so often stated--that all litigants, regardless of the merits of their case, are entitled to a fair trial (Salzano v. City of New York, 22 A.D.2d 656, 253 N.Y.S.2d 138). A deprivation of a fair trial calls for a reversal of the decision or verdict rendered. The conduct of the trial judge in this case was such as to deny to the plaintiff the fair trial to which he was entitled. Accordingly, the judgment entered in defendant's favor must be reversed and a new trial ordered.
From the very inception of the trial the court indicated its lack of confidence in the merits of the plaintiff's case, and that indication was made in such fashion that it could not escape the notice of the jury. Not only did not Court, in its remarks, convey to the jury its feeling that the plaintiff's case had no merit, but it also prevented the plaintiff from presenting whatever case he did have. There was constant interference by the Court with the orderly presentation of plaintiff's case by his counsel. Shortly after plaintiff's counsel had commenced his opening remarks the following colloquy took place:
'The Court: Mr. Grutman, I know you are a devotee of the motto: Never say one word where a thousand will say the same thing. This is a stairway case in the RKO theatre, and you hope to establish negligence. Isn't that your case?
In addition, the trial court repeatedly sustained objections that were never made to testimony offered in behalf of the plaintiff and it overruled objections of plaintiff's counsel while yet in the making, and without even affording counsel an opportunity to explain the basis for such objections. A typical example of that conduct is evidenced by the following colloquy:
Mr. Grutman: You haven't even heard my objection.
The Court: On every ground available it is overruled. I will call for help when I need it.'
At another point in the trial, after an objection had been made, the court said:
It is also apparent from a reading of the entire record that throughout the trial the Court made no attempt to mask its conclusion that plaintiff's case was devoid of merit. The nature and manner of presentation of the court's questions addressed to the plaintiff left little to the imagination as to how it felt the case should...
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Gregware v. City of N.Y.
...that “all litigants, regardless of the merits of their 132 A.D.3d 65case, are entitled to a fair trial” (Habenicht v. R.K.O Theatres, 23 A.D.2d 378, 379, 260 N.Y.S.2d 890 [1st Dept.2007] ). A trial court has “broad authority to control the courtroom, rule on the admission of evidence, elici......
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Gregware v. City of N.Y.
...is the principle that “all litigants, regardless of the merits of their case, are entitled to a fair trial” (Habenicht v. R.K.O Theatres, 23 A.D.2d 378, 379, 260 N.Y.S.2d 890 [1st Dept.2007] ). A trial court has “broad authority to control the courtroom, rule on the admission of evidence, e......
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...2002) (counsel); Schrager v. New York University , 227 A.D.2d 189, 642 N.Y.S.2d 243 (1st Dept. 1996); Habenicht v. R.K.O. heatres, Inc ., 23 A.D.2d 378, 260 N.Y.S.2d 890 (1st Dept. 1965) (evidence). Since most juries respect and look to the judge for guidance, the judge must maintain the ap......