DURAN v. ARDEE ASSOCIATES


290 A.D.2d 366 (2002)

736 N.Y.S.2d 597

SHAMIL DURAN et al., Appellants, v. ARDEE ASSOCIATES et al., Respondents.

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

Decided January 29, 2002.


Plaintiffs premise their motion to set aside the verdict as to damages upon certain remarks made by defense counsel at trial. However, while these remarks are now claimed to be so prejudicial as to warrant the extreme relief requested, the remarks, when made, did not prompt plaintiffs' counsel, many of whose objections to the comments now complained of were sustained, to move for curative instructions or a mistrial and, as a consequence, plaintiff's appellate arguments respecting...

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