Binder v. Miller

Order, Supreme Court, New York County (Carol E. Huff, J.), entered January 13, 2006, which denied defendant’s motion to set aside the verdict and direct a new trial, unanimously affirmed, without costs.

In this dental malpractice action, although the remarks by plaintiffs’ counsel concerning the experience of a defense expert as a litigation witness would have been better left unsaid, such remarks were isolated and did not permeate the trial (cf. Berkowitz v Marriott Corp., 163 AD2d 52 [1990]). Moreover, although defendant’s objections to certain of opposing counsel’s comments in summation…