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SZCZECINA v. PV HOLDING CORP.

DOCKET NO. A-3437-08T3.

997 A.2d 1079 (2010)

43 N.J. Super. 173

Barbara SZCZECINA and Michael Szczecina, Plaintiffs-Respondents, v. PV HOLDING CORP., Defendant, and Joseph J. Martino, III, and Melissa Boos, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 2010.

Attorney(s) appearing for the Case

William C. Carey, Morristown, argued the cause for appellants (McElroy, Deutsch, Mulvaney, and Carpenter, L.L.P., attorneys; Mr. Carey, on the brief).

Terry Paul Bottinelli, Hackensack, argued the cause for respondents (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt, and Harz, L.L.C., attorneys; Thomas S. McGuire, on the brief).

Before Judges PAYNE, WAUGH, and FASCIALE.

The opinion of the court was delivered by

FASCIALE, J.S.C. (temporarily assigned).

Defendants Joseph J. Martino and Melissa Boos1 appeal from a $1,000,000 jury verdict following a verbal threshold, damages-only trial. The primary question on appeal is whether clearly inappropriate statements about the defense made by plaintiff's counsel in his opening statement and summation warrant a new trial. Those statements included derisive...

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