Afghani v. City of New York

Full title: MUJTABA AHMAD AFGHANI et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 23, 1996

227 A.D.2d 305 (N.Y. App. Div. 1996)

643 N.Y.S.2d 333

Opinion

May 23, 1996

Appeal from the Supreme Court, New York County, Bruce McM. Wright, J.

We find no violation of CPLR 4110-b, and, even if there were, no resulting prejudice requiring reversal. It does not appear that plaintiffs were prevented from arguing the case effectively and intelligently by the claimed failure to conduct a precharge conference, or that they requested permission to reopen their summation after the charge ( see, Altman v. Deepdale Gen. Hosp., 124 A.D.2d 768, 769, lv denied 70 N.Y.2d 611, citing Getlin v. St. Vincent's Hosp. Med. Ctr., 117 A.D.2d 707, 708; Spadaccini v Dolan, 63 A.D.2d 110, 122).

Concur — Sullivan, J.P., Milonas, Rubin, Tom and Mazzarelli, JJ.