BONILLA v. NEW YORK CITY HEALTH AND HOSPITALS

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.