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BONILLA v. NEW YORK CITY HEALTH & HOSPS. CORP.

229 A.D.2d 371 (1996)

644 N.Y.S.2d 655

Dominick Bonilla et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent, et al., Defendant

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

July 1, 1996

Ordered that the order is affirmed, with costs.

By expressly stating they did not want to move for a mistrial in advance of the verdict, the plaintiffs waived their current objections to the comment in question (see, CPLR 4404 [a]; Mathews v Coca-Cola Bottling, 188 A.D.2d 590; Kamen v City of New York, 169 A.D.2d 705, 706). "Counsel may not be permitted to speculate upon whether...

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