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Monday, April 14, 2008

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

23 comments:

Anonymous said...

This judge needs money from a slip and fall? And the top state judge sues the lawmakes for more money? What, party favors (read: kickbacks and payoffs) aren't enough? New York is no long the Empire State, it's the Greedy State, and the judges are leading the way. Pretty awful.

Anonymous said...

Funny Business as usual, check this out from the Albany Times Union:

Bunch ‘O Judges April 11, 2008 by Jay Jochnowitz

Gov. David Paterson made a slew of judicial nominations and appointments today.

Here’s a rundown:

Leland DeGrasse and Dianne Renwick, two vacancies in the Appellate Division, First Department (NYC and the Bronx). Does not require Senate confirmation.

Fernando Camacho, Donald Cerio, James Kindler and O. Peter Sherwood to fill four vacancies on the Court of Claims. Requires confirmation.

Gina Lopez Summa and Melvin Schweitzer renominated for nine-year terms on the Court of Claims. Requires confirmation.

Shirley Kornreich to fill a vacancy on the Supreme Court in New York County. This appointment and the rest below are only temporary; the posts will be voted on in November.

Ellen Spodek and Paul Wooten, two vacancies on the Supreme Court in Kings County

Norman St. George, vacancy on the Nassau County Court

Jhilmil “Jill” Ghaleb, vacancy on the Otsego County Court

Susan Capeci, vacancy on the Westchester County Court

Stephen Hunter, vacancy on the Orange County Surrogate’s Court

Lisa Bloch Rodwin, vacancy on the Family Court in Erie County

Anonymous said...

SUGGESTION: settle ALL lawsuits with the flip of a coin. For amounts under $10,000: one coin flip; over $10,000: best of three. This would be better than the corrupt system we now have in New York. Oh, regarding pay raises for judges: you don't get a pay increase until you raise the level of honesty in the court your fat ars sits in.

Anonymous said...

I hope the legal system jerks this judge around like the rest of us slobs get treated in the halls of injustice.

Anonymous said...

The cleaning lady should counter sue the judge for harassment

Anonymous said...

Remember the Looney Judge that sued the Cleaners for losing his pants, he lost, and rightfully so. Battaglia should have been more careful and noticed the floor was wet and being mopped. Jury voted and decided, sorry Battaglia you lose.

Anonymous said...

this mutt should have never been a Judge. This just show that incompetence rises to its highest level. Too bad this mutt didn't break his neck and do the right thing.

Anonymous said...

Wouldn't this be a Workers' Comp case? So if he sues, then the sate can sue him to get it's money back.
Oh, and then he retires on a disability pension, but actually can work, gets caught and then everybody sues each other again.
Isn't that how it works?

Anonymous said...

HOW DID THIS GUY GET A LAW LICENSE? SOMEBODY MADE A MISTAKE! SO NOW'S THE TIME TO TAKE IT AWAY AND CORRECT THAT MISTAKE! AND I DO LIKE THE IDEA OF WITHDRAWING THE LAW LICENSE OF ANY JUDGES THAT BEHAVE INAPPROPRIATELY. THAT IS A VERY GOOD IDEA THAT SOMEONE HAD.

Anonymous said...

Thought everyone, including judges, should have their day in court, they probably already have the schmuck on videotape running in a marathon. Now that would be justice!!

Anonymous said...

The biggest scammers in the court system are NOT judges but the hacks behind the scenes. They're the ones who make files disappear, get transcripts changed and use their influence to get law clerks to rule a certain way. Some judges are rotten but there are more crooked non-judges polluting the courts.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

lets assume he has a case and he does not get a million dollars.
what happens to a case a year later when someone sues the city.
They will get everything because he will be baised against the city.

Anonymous said...

this idiot should not get a penny.....he has already been well paid with all the pay off money he has in his lock box. The taxpayers should sue him for being stupid...or was he drunk at the time...who knows maybe both!

Anonymous said...

What lawyer can the poor janitor possibly get to defend her against this judge?

What if, God forbid, this lawyer should win the case? She'll never work again in this town.

One thing is for sure, the judge will not ask for a jury trial. He'll let one of his drinking buddies decide the case.

Anonymous said...

The Office Of Court Administration operates just like that..they go after, sue or use attempts to financially devastate those they know, have no chance of fighting them!
This is a big concern to all taxpayers who should be made cognizant of these attacks. That is exactly why they attack and abuse female and minority employees, constantly! So going after a cleaning person does not shock me..this is the advice OCA'S counsel doles out daily, in their advice to the JUDICIARY!

Anonymous said...

the DDC and OCA blew me away like I was shmuts. They didn't want to bother with me. Now they want a pay raise. Let them all drop dead, they are a bunch of gangsters. They all want to sue. This putz thinks he'll make millions on a slip and fall suit. Sure he'll fix it with his friends.

Anonymous said...

This is a worker's compensation case ..for sure. His medical insurance company will not pay and tell him to file the comp case. He will never get $1,000,000, because his employer made sure of that..back in the 90's not permitting suing outside of WC. He is no different than any other employee. An employee in the courts broke her hip, falling into a box on the floor..taken out in an ambulance, and could only got WC benefits.

Anonymous said...

I think everyone reaches a point of burn out... and in some cases such as this, insanity follows.

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