Holtz v. Aldridge

Appellate Division of the Supreme Court of New York

Holtz v. Aldridge

256 A.D.2d 1198, 683 N.Y.S.2d 451

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 31, 1998

DocketAppeal No. 1

StatusPublished

This text of 256 A.D.2d 1198 (Holtz v. Aldridge) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holtz v. Aldridge, 256 A.D.2d 1198, 683 N.Y.S.2d 451 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs sole contention on appeal is that various remarks by defense counsel in summation were so unfair and prejudicial as to require a new trial. Plaintiff failed to move for a mistrial until after the jury rendered its verdict, and thus the motion was untimely (see, Taylor v Dayton Suregrip & Shore Co., 64 AD2d 809, 810). Although the remarks by defense counsel were improper, plaintiffs objections to those remarks were sustained [1199]*1199by Supreme Court, which immediately gave curative instructions. (Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Negligence.) Present — Denman, P. J., Hayes, Pigott, Jr., Callahan and Fallon, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs sole contention on appeal is that various remarks by defense counsel in summation were so unfair and prejudicial as to require a new trial. Plaintiff failed to move for a mistrial until after the jury rendered its verdict, and thus the motion was untimely (see, Taylor v Dayton Suregrip & Shore Co., 64 AD2d 809, 810). Although the remarks by defense counsel were improper, plaintiffs objections to those remarks were sustained [1199]*1199by Supreme Court, which immediately gave curative instructions. (Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Negligence.) Present — Denman, P. J., Hayes, Pigott, Jr., Callahan and Fallon, JJ.

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Bluebook (online)

256 A.D.2d 1198, 683 N.Y.S.2d 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holtz-v-aldridge-nyappdiv-1998.

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