Smith v. United Skates of America, Inc.
Cases that cite this one
1 later published case cites this decision.
- Torres v. Educational Alliance, Inc. (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Palmieri, J.), dated October 13, 1999, which, upon a jury verdict in favor of the defendant and against her, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
In Edmonson v Leesville Concrete Co. (500 US 614), the United States Supreme Court extended the anti-discriminatory rule of Batson v Kentucky (476 US 79) to civil cases (see, Riggio v New Creation Fellowship, 249 AD2d 942; Superior Sales & Salvage v Time Release Sciences, 227 AD2d 987; Ancrum v Eisenberg, 206 AD2d 324; Siriano v Beth Israel Hosp. Ctr., 161 Misc 2d 512; O’Neill v City of New York, 160 Misc 2d 1086).
Contrary to the plaintiff’s contentions, she did not prove, prima facie, that the defendant used its peremptory challenges in a racially-discriminatory manner. As this Court has observed, “ [i] t is incumbent upon the party mounting a Batson challenge to ‘articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection is raised and discussed’ ” (People v Williams, 253 AD2d 901, 902, quoting People v Childress, 81 NY2d 263, 268). While “a disproportionate number of strikes challenging members of a particular racial group * * * may be sufficient to create an inference establishing a prima facie claim * * * [generally, however, percentages will not be conclusive of the issue” (People v Bolling, 79 NY2d 317, 324). A bare assertion that there has been a disproportionate number of strikes against a minority group will generally not suffice to establish a prima facie case (see, People v Williams, supra; People v Gray, 243 AD2d 648).
The plaintiffs remaining contentions are without merit. Bracken, J. P., Thompson, S. Miller and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.