MILLER v. OWEN


184 Misc.2d 570 (2000)

709 N.Y.S.2d 378

GLENN S. MILLER, Plaintiff, v. EDITH OWEN, Defendant.

Supreme Court, New York County.

May 17, 2000.


Attorney(s) appearing for the Case

Frank Merlino, New York City (Kwok Mui of counsel), for defendant.

Gordon & Gordon, Forest Hills (Peter Gordon of counsel), for plaintiff.


OPINION OF THE COURT

JOSE A. PADILLA, JR., J.

In this case of first impression, the sole issue is whether a unit of time measure of damages argument made by plaintiff's counsel, during his opening statement in this personal injury action, warrants a declaration of a mistrial. Upon oral argument, and its own research, the court makes the following determination:

The purpose of an opening statement is to permit the parties to advance their client's...

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