Duran v. Ardee Associates
Cases that cite this one
7 later published cases cite this decision.
- Smith v. Rudolph (Appellate Division of the Supreme Court of New York 2017)
- Boyd v. Manhattan & Bronx Surface Transit Operating Authority (Appellate Division of the Supreme Court of New York 2010)
- Wilson v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Lisa I. v. Manikas (Appellate Division of the Supreme Court of New York 2024)
- Navarro v. Ortiz (Appellate Division of the Supreme Court of New York 2022)
- Smith v. Au (Appellate Division of the Supreme Court of New York 2004)
- Wiepert v. Manchester (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Lottie Wilkins, J.), entered July 17, 2000, which, inter alia, denied plaintiffs’ motion to set aside the damages portion of the verdict and directed a new trial on the issue of damages, unanimously affirmed, without costs.
Plaintiffs premise their motion to set aside the verdict as to damages upon certain remarks made by defense counsel at trial. However, while these remarks are now claimed to be so prejudicial as to warrant the extreme relief requested, the remarks, when made, did not prompt plaintiffs’ counsel, many of whose objections to the comments now complained of were sustained, to move for curative instructions or a mistrial and, as a consequence, plaintiff’s appellate arguments respecting these remarks are not preserved for our review (see, Panzarino v Jeffrey A. Weisberg, M.D., P.C., 257 AD2d 483, 484, appeal dismissed 93 NY2d 998; Balsz v A & T Bus Co., 252 AD2d 458, 458-459; Kraemer v Zimmerman, 249 AD2d 159, 160). While it
Case-law data current through December 31, 2025. Source: CourtListener bulk data.