S & W X-RAY OF ROCHESTER, NEW YORK, INC. v. RICHARD MASELLI PLUMBING & HEATING, INC.


210 A.D.2d 953 (1994)

621 N.Y.S.2d 424

S & W X-Ray of Rochester, New York, Inc., Respondent, v. Richard Maselli Plumbing & Heating, Inc., Appellant

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

December 23, 1994


Judgment unanimously affirmed with costs.

Memorandum:

On this appeal from a judgment following a jury trial, defendant contends that it was inappropriate for plaintiff's counsel to comment about the fact that the manufacturer of the clamp, which was used by defendant in repairing plaintiff's fire sprinkler system, was not a party to the lawsuit. Defendant's counsel raised that issue in his opening statement and on cross-examination and thus opened the door...

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