(Download) "Kevin Moore v. Town Huntington Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Kevin Moore v. Town Huntington Et Al.
- Author : Supreme Court of New York
- Release Date : January 22, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The trial court set aside the verdict and granted a new trial on the ground that a remark by the attorney for defendant Town
of Huntington, in his summation, was "extremely prejudicial" to plaintiffs. We disagree. Read in context, we find the subject
remark only mildly improper, not seriously prejudicial. Moreover, it was only a single isolated impropriety in an otherwise
clean trial and it does not appear to have influenced the jury's verdict. If there had been any slight prejudice resulting
from the remark, that prejudice was cured by the trial court's prompt instructions to the jury to disregard it. And in addition,
under the circumstances of this case, we believe plaintiffs waived their right to seek a mistrial on the ground of that allegedly
prejudical remark, by not moving for that relief until after the jury had returned a verdict against them. For the foregoing
reasons, we believe it was error to set aside the verdict on the stated ground. We may further note that there is adequate
support in this record for the jury's verdict and it therefore would have been improper to set it aside as against the weight
of evidence. Disposition Order reversed, without costs, and verdict reinstated.
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