Ordered that the order is affirmed, with costs.
Following a trial, a jury found that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The plaintiff moved, pursuant to CPLR 4404 (a), to set aside the verdict as contrary to the weight of the evidence, and based on allegedly inflammatory and highly prejudicial remarks made by the defense counsel in summation. The defendant Edward A. Walsh (hereinafter the defendant)...
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