Gates v. Goldstein

Appellate Division of the Supreme Court of New York

Gates v. Goldstein

303 A.D.2d 163, 754 N.Y.S.2d 882, 2003 N.Y. App. Div. LEXIS 1941

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 4, 2003

StatusPublished

This text of 303 A.D.2d 163 (Gates v. Goldstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gates v. Goldstein, 303 A.D.2d 163, 754 N.Y.S.2d 882, 2003 N.Y. App. Div. LEXIS 1941 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered on or about November 9, 2001, which, upon a jury verdict in defendant’s favor, dismissed the plaintiff’s medical malpractice action, unanimously affirmed, without costs.

The record demonstrates that the trial court did not exhibit any bias.

The trial court properly denied plaintiffs application made pursuant to Batson v Kentucky (476 US 79 [1986]). The record supports the court’s finding that the race-neutral reasons offered by defendant were not pretextual, and that finding is entitled to great deference, particularly where the assessment turns on the credibility of the party exercising the challenge (see People v Hernandez, 75 NY2d 350, 356-357 [1990], affd 500 US 352 [1991]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered on or about November 9, 2001, which, upon a jury verdict in defendant’s favor, dismissed the plaintiff’s medical malpractice action, unanimously affirmed, without costs.

The record demonstrates that the trial court did not exhibit any bias.

The trial court properly denied plaintiffs application made pursuant to Batson v Kentucky (476 US 79 [1986]). The record supports the court’s finding that the race-neutral reasons offered by defendant were not pretextual, and that finding is entitled to great deference, particularly where the assessment turns on the credibility of the party exercising the challenge (see People v Hernandez, 75 NY2d 350, 356-357 [1990], affd 500 US 352 [1991]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Bluebook (online)

303 A.D.2d 163, 754 N.Y.S.2d 882, 2003 N.Y. App. Div. LEXIS 1941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-goldstein-nyappdiv-2003.

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