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ANEST v. SCHEINBERG

233 A.D.2d 256 (1996)

650 N.Y.S.2d 548

Stephen Anest et al., Appellants, v. Louis Scheinberg et al., Defendants, and Michael Lavyne, Respondent

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

November 26, 1996

A new trial is not warranted on the ground that defense counsel's summation was inflammatory, plaintiffs never having objected to any portion of the summation on that ground (Laniado v New York Hosp., 168 A.D.2d 341). In any event, the summation was well within the bounds of proper rhetorical comment. Nor is a new trial warranted on the basis of the purported newly discovered evidence...

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