Opinion
Submitted January 12, 2000
February 24, 2000
In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Westchester County (Barone, J.), dated August 12, 1998, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $23,077.
Law Offices of Arthur Lawrence Alexander, P.C., New York, N.Y., for appellant.
Evan Inlaw, Yonkers, N.Y. (Evan Inlaw of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The defendant's objection to the court's charge is unpreserved for appellate review (see, CPLR 4110-b; De Long v. County of Erie, 60 N.Y.2d 296, 306 ; Duane v. City of Yonkers, 262 A.D.2d 600 [2d Dept., June 28, 1999]; Nelson v. City of New Rochelle, 154 A.D.2d 661 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see,Scandell v. Salerno, 155 A.D.2d 523 ; Saleh v. Sears, Roebuck Co., 119 A.D.2d 652; cf., Ferreira v. New York City Tr. Auth., 79 A.D.2d 596; Caceres v. New York City Health Hosps. Corp., 74 A.D.2d 619).
The defendant's remaining contentions are without merit.