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Smith v. J.C. Penney Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 466 (N.Y. App. Div. 2002)

Opinion

2001-04320

Argued November 26, 2002.

December 16, 2002.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kitson, J.), entered April 17, 2001, which, upon a jury verdict, is in favor of the defendant and against him, dismissing the complaint.

Seth Muraskin, Melville, N.Y. (Matthew Muraskin of counsel), for appellant.

Adler Larkin (Mauro Goldberg Lilling, LLP, Great Neck, N.Y. [Caryn L. Lilling] of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

The plaintiff failed to object to that part of the jury charge which he challenges on this appeal. Accordingly, he did not preserve this issue for appellate review (see CPLR 4017, 4110-b, 5501[a][3]; Surjnarine v. Brathwaite, 290 A.D.2d 436; Cavuto v. Lilledah, 161 A.D.2d 853). In any event, the plaintiff's contention is without merit.

The plaintiff's remaining contention is also without merit.

RITTER, J.P., FRIEDMANN, LUCIANO and H. MILLER, JJ., concur.


Summaries of

Smith v. J.C. Penney Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 466 (N.Y. App. Div. 2002)
Case details for

Smith v. J.C. Penney Company

Case Details

Full title:JAMES SMITH, appellant, v. J.C. PENNEY COMPANY, INC., respondent

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

Date published: Dec 16, 2002

Citations

300 A.D.2d 466 (N.Y. App. Div. 2002)
750 N.Y.S.2d 897

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