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DJELOSAJ v. GAINES SERV. LEASING CORP.

237 A.D.2d 223 (1997)

655 N.Y.S.2d 936

Sandro Djelosaj et al., Respondents, v. Gaines Service Leasing Corp. et al., Appellants, et al., Defendants

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

March 27, 1997

While it was improper for plaintiffs' attorney to argue in summation that defendant Elgazery did not testify because he did not have a different version of the facts than that testified to by the injured plaintiff, this conduct, standing alone, did not deprive defendants of a fair trial.

The trial court correctly charged the jury on Vehicle and Traffic Law § 1180 (a) and § 1129 (a), on the basis of plaintiff's...

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