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BINDER v. MILLER JR.

39 A.D.3d 387 (2007)

835 N.Y.S.2d 62

DAVID BINDER et al., Respondents, v. EDWARD J. MILLER, JR., Appellant.

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

Decided April 24, 2007.

In this dental malpractice action, although the remarks by plaintiffs' counsel concerning the experience of a defense expert as a litigation witness would have been better left unsaid, such remarks were isolated and did not permeate the trial (cf. Berkowitz v Marriott Corp., 163 A.D.2d 52 [1990]). Moreover, although defendant's objections to certain of opposing counsel's comments in summation were preserved for appellate review by...

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