S & W X-Ray of Rochester, New York, Inc. v. Richard Maselli Plumbing & Heating, Inc.

—Judgment unanimously affirmed with costs. Memorandum: On this appeal from a judgment following a jury trial, defendant contends that it was inappropriate for plaintiffs counsel to comment about the fact that the manufacturer of the clamp, which was used by defendant in repairing plaintiffs fire sprinkler system, was not a party to the lawsuit. Defendant’s counsel raised that issue in his opening statement and on cross-examination and thus opened the door for comment by plaintiffs counsel (see, Cerasuoli v Brevetti, 166 AD2d 403). The other alleged improprieties in the summation of plaintiffs…