Opinion
May 5, 1998
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
Plaintiff's claim that it was error to submit to the jury the issue of whether the City had notice of the sidewalk defect that allegedly caused him to fall was not preserved by objection (CPLR 4110-b; see, Carrasquillo v. American Type Founders Co., 183 A.D.2d 410, lv denied 81 N.Y.2d 703), and we decline to review the claim. In any event, it is without merit in view of the variance between plaintiff's testimony concerning the nature of the defect and the markings on the Big Apple map that plaintiff claims gave the City notice as a matter of law. Nor is the finding that the map did not give the City notice of the alleged defect against the weight of the evidence.
Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.