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ZUREL U.S.A., INC. v. MAGNUM REALTY CORP.

279 A.D.2d 520 (2001)

719 N.Y.S.2d 276

ZUREL U.S.A., INC., Respondent, v. MAGNUM REALTY CORP., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contentions, the court properly limited the defense counsel from commenting in summation about a certain lease provision, since there was no credible evidence to support the application of this provision (see, Williams v Brooklyn El. R. R. Co., 126 N.Y. 96; Siegel, NY Prac § 397, at 637 [3d ed]).

Further, the defendant's contention that the plaintiff waited too long...

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