Moore v. Town of Huntington

In Moore v. Town of Huntington (39 AD2d 764 [2d Dept 1972]), the trial court set aside the verdict and granted a new trial because of an "extremely prejudicial" comment by defense counsel in his summation. The Court disagreed, holding "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."