Judges, and Public, Entitled to Day in Impartial Court

Judge suing city for $1M after fall on wet courthouse floor
The New York Daily News by ELIZABETH HAYS - April 14, 2008

It's the mother of all slip-and-fall cases. A politically connected Brooklyn judge plans to file a $1 million lawsuit against the city after slipping on a just-mopped floor in his own courthouse, the Daily News has learned. Supreme Court Justice Jack Battaglia - who hears civil cases and earns $136,000 a year - is even targeting the courthouse cleaning lady who wielded the mop, according to legal papers. The judge fractured his knee in the Nov. 9, 2007, tumble outside room 452 and was forced to undergo surgery and physical therapy.

In his Jan. 31 notice of claim, Battaglia accuses the city of "negligently using a mop bucket and wringer" and "negligently using a mop and soapy water" to create a "dangerous and hazardous traplike condition." "It's a bizarre irony that a judge who often makes settlements is himself now seeking compensation from the city," said Dick Dadey, who leads the government watchdog group Citizens Union.

"Everyone is entitled to equal justice, but I hope he's not using his intimate knowledge of the system to maximize his claim." A courthouse insider took aim at Battaglia's decision to include the janitor responsible for the puddle - identified in court papers only as "Joanna Doe (an Employee of the Department of Citywide Administrative Services)."

"That's pretty petty," he said. "I don't think suing the janitor makes his lawsuit any stronger." As a result of the claim, city lawyers have asked Battaglia, who routinely heard similar cases against the city, to remove himself from all cases involving the city, courthouse sources said. City lawyers said they could not discuss the case. Battaglia, who is the brother of Brooklyn Democratic boss Vito Lopez's girlfriend, did not return a call for comment. Lopez also couldn't be reached. Battaglia is represented in the case by Borchert, Genovesi, LaSpina & Landicino - which includes Brooklyn Democratic Party lawyer Carl Landicino. His lawyers did not return calls for comment.

An accident report attached to the claim notes that Battaglia was "unable to stand up after the fall" and was taken to a nearby hospital for treatment.In the claim, Battaglia also charges he "has been limited in his ability to flex his knee, has difficulty walking and is required to use a cane."

Political observers had mixed reactions to Battaglia's claim. "If the city in some way was negligent, the fact that he is a judge shouldn't preclude him from suing," said Doug Muzzio, a professor of political science at Baruch College. "If he's got a case, he's got a case." Political strategist Hank Sheinkopf noted that judges across the state last week filed a lawsuit to get a long-awaited pay raise, which he believes they deserve. "But isn't breaking one's leg going a little too far?" he joked.  ehays@nydailynews.com