Mussari v. Davidson

— Judgment unanimously affirmed, without costs. Memorandum: We find no basis for disturbing the court’s exercise of discretion in denying plaintiff’s motion for a new trial (see CPLR 4404, subd [a]; Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 NY2d 376, 381-382; Reilly v Wright, 55 AD2d 544, affg 73 Misc 2d 801). We note, as did the trial court, that the very contentions concerning the source and identity of the X rays which plaintiff now asserts as grounds for a new trial, her counsel chose to expand into a major issue in the lawsuit and stressed in ad hominum arguments to the jury.…