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DOMINICK BONILLA et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, et al., Defendant.

Ordered that the order is affirmed, with costs.

By expressly stating they did not want to move for a mistrial in advance of the verdict, the plaintiffs waived their current objections to the comment in question ( see, CPLR 4404 [a]; Mathews v. Coca-Cola Bottling, 188 A.D.2d 590; Kamen v. City of New York, 169 A.D.2d 705, 706). "Counsel may not be permitted to speculate upon whether a verdict will be favorable, before asserting a claim for a mistrial. Such a motion must be made in advance of the verdict" ( Schein v. Chest Serv. Co., 38 A.D.2d 929; see also, Virgo v. Bonavilla, 49 N.Y.2d 982). Miller, J.P., Pizzuto, Santucci and Hart, JJ., concur.

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BONILLA v. NEW YORK CITY HEALTH AND HOSPITALS
(Jul 1, 1996)