Layton Sales & Rentals, Inc. v. Somat Realty Corp.

Judgment unanimously affirmed, without costs. Memorandum: We take note of the impropriety of comments made by counsel for Layton Sales in his summation. We do not reverse however, because there was no prejudice to Harlow Lake, in whose favor the jury resolved questions submitted. We also observe that the improper conduct was prompted by provocative remarks on the part of Harlow Lake’s attorney. Finally, no objection was made during summation when Harlow Lake could have moved for directions to counsel to desist and to the jury to disregarded. We have previously indicated that a prompt request…