22.20 - E. Misconduct Of Counsel, Party Or Judge

• Jurisdiction: New York

e. Misconduct of Counsel, Party or Judge

A new trial may be ordered when anyone connected with the proceedings is guilty of misconduct which may have tainted the verdict or prejudiced a party. The examples of such misconduct are too numerous for discussion here.³⁴³³

A new trial will not be ordered due to misconduct or, for that matter, on the basis of any other error unless the error results in prejudice, because “errors are almost inevitable in any trial, improprieties almost unavoidable, but the...