Opinion
2014-02-13
Svetlana DONINA, appellant, v. D.N.R. GROUP OF COMPANIES, INC., et al., respondents.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant. Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, N.Y. (Jeffrey Briem of counsel), for respondents.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant. Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, N.Y. (Jeffrey Briem of counsel), for respondents.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, PLUMMER E. LOTT, and SYLVIA O. HINDS–RADIX, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Sweeney, J.), dated August 15, 2012, which, upon a jury verdict, is in favor of the defendants and against her, in effect, dismissing the complaint.
ORDERED that the judgment is affirmed, with costs.
The plaintiff's contention that she was entitled to a directed verdict in her favor is unpreserved for appellate review, as she did not request that relief in the trial court ( see Miller v. Miller, 68 N.Y.2d 871, 873, 508 N.Y.S.2d 418, 501 N.E.2d 26;Volino v. Long Is. R.R. Co., 83 A.D.3d 693, 919 N.Y.S.2d 914).
Contrary to the plaintiff's contention, the jury verdict finding that the sidewalk where the plaintiff allegedly was injured was in a reasonably safe condition at the time of the accident was not contrary to the weight of the evidence ( see Bonasera v. Town of Islip, 48 A.D.3d 497, 852 N.Y.S.2d 270;White v. New York City Tr. Auth., 40 A.D.3d 297, 836 N.Y.S.2d 82;Revis v. City of New York, 18 A.D.3d 290, 795 N.Y.S.2d 200;see also Nicastro v. Park, 113 A.D.2d 129, 495 N.Y.S.2d 184).
The plaintiff's contentions that the trial court's charge and various statements to the jury constituted reversible errors are unpreserved for appellate review ( see Schlecter v. Abbondadello, 5 A.D.3d 582, 772 N.Y.S.2d 880).