N.Y. Civil Practice Law & Rules § 4016: Opening and closing statements

Rule 4016. Opening and closing statements. (a) Before any evidence is

offered, an attorney for each plaintiff having a separate right, and an

attorney for each defendant having a separate right, may make an opening

statement. At the close of all the evidence on the issues tried, an

attorney for each such party may make a closing statement in inverse

order to opening statements.

(b) In any action to recover damages for personal injuries or wrongful

death, the attorney for a party shall be permitted to make reference,

during closing statement, to a specific dollar amount that the attorney

believes to be appropriate compensation for any element of damage that

is sought to be recovered in the action. In the event that an attorney

makes such a reference in an action being tried by a jury, the court

shall, upon the request of any party, during the court's instructions to

the jury at the conclusion of all closing statements, instruct the jury

that:

(1) the attorney's reference to such specific dollar amount is

permitted as argument;

(2) the attorney's reference to a specific dollar amount is not

evidence and should not be considered by the jury as evidence; and

(3) the determination of damages is solely for the jury to decide.