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LAYTON SALES & RENTALS, INC. v. SOMAT REALTY CORP.

39 A.D.2d 640 (1972)

Layton Sales & Rentals, Inc., Respondent, v. Somat Realty Corporation et al., Appellants Harlow Lake and Park, Inc., Appellant, v. Layton Sales & Rentals, Inc., et al, Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 19, 1972

Judgment unanimously affirmed, without costs.

Memorandum:

We take note of the impropriety of comments made by counsel for Layton Sales in his summation. We do not reverse however, because there was no prejudice to Harlow Lake, in whose favor the jury resolved questions submitted. We also observe that the improper conduct was prompted by provocative remarks on the part of Harlow Lake's attorney. Finally, no objection was made during summation when Harlow Lake...

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