Opinion
December 31, 1998
Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Negligence.
Judgment unanimously affirmed without costs. Memorandum: Plaintiff's 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 A.D.2d 809, 810). Although the remarks by defense counsel were improper, plaintiff's objections to those remarks were sustained by Supreme Court, which immediately gave curative instructions.
Present — Denman, P. J., Hayes, Pigott, Jr., Callahan and Fallon, JJ.