MOORE v. TOWN OF HUNTINGTON


39 A.D.2d 764 (1972)

Kevin Moore, an Infant, by His Parent and Natural Guardian Thomas Moore, et al., Respondents, v. Town of Huntington et al., Appellants

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

May 22, 1972


Order reversed, without costs, and verdict reinstated.

The trial court set aside the verdict and granted a new trial on the ground that a remark by the attorney for defendant Town of Huntington, in his summation, was "extremely prejudicial" to plaintiffs. We disagree. Read in context, we find the subject remark only mildly improper, not seriously prejudicial. Moreover, it was only a single isolated impropriety in an otherwise clean trial and it does not appear to...

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