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GRASSO v. KOSLOWE

38 A.D.3d 599 (2007)

830 N.Y.S.2d 671

MARIA GRASSO et al., Appellants, v. RAMA KOSLOWE, Respondent, et al., Defendants.

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

Decided March 13, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion under CPLR 4404 (a) in setting aside the jury verdict and granting a new trial to the defendant Rama Koslowe (hereinafter the defendant) based on the pervasive inflammatory and improper summation remarks of counsel for the plaintiff (see Pagano v Murray, 309 A.D.2d 910 [2003]; King v City of New York,

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