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NOVIKOV v. ZAMDBORG

2009-07516.

79 A.D.3d 833 (2010)

913 N.Y.S.2d 295

YURIY NOVIKOV, as Administrator of the Estate of RAISA PESINA, Deceased, Appellant, v. YURY ZAMDBORG et al., Respondents, et al., Defendants.

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

Decided December 14, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, comments made during defense openings and summation were not improper, as they were based on evidence presented at trial, and the questions posed to witnesses by defense counsel, and testimony of defense experts were proper (see Cassano v Hagstrom, 5 N.Y.2d 643, 646 [1959]; Plainview...

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