Lawyer's Failure to Make a Timely Objection to a Unit of Time Argument

In Chlystun v. Frenmer Transp. Corp. (74 AD2d 862 [2d Dept 1980]) defense counsel failed to make a timely objection to the unit of time argument on summation. Moreover, the appellate court ordered a new trial unless that plaintiff agreed to accept $ 250,000 instead of the $ 500,000 the jury awarded. Finally, the appeals court decision made no reference concerning what unit of time measure argument had been made by plaintiff's counsel.