KING v. CITY OF NEW YORK

Ordered that the order is affirmed, with costs.

In light of the inflammatory and improper summation comments of the defense counsel and the strong evidence of negligence offered by the plaintiff in support of a liability finding against the defendants, we conclude that the court properly exercised its discretion under CPLR 4404 (a) by setting aside the jury's verdict and ordering a new trial. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.