Opinion
October 29, 1970
Appeal from the Monroe Trial Term.
Present — Goldman, P.J., Marsh, Gabrielli and Henry, JJ.
Judgment unanimously affirmed, without costs. Memorandum: The charge of the court with reference to reasonable foreseeability, which the plaintiff now urges as ground for reversal, was not the subject of any exception by plaintiff following the main charge or when it was repeated at the time the jury sought additional instructions, and no request for clarification or correction was ever made. In the absence of such exception or request we do not find there was error so fundamental or so creative of confusion as to require a new trial in the interest of justice.