Lipetz v City of New York

[*1] Lipetz v City of New York 2007 NY Slip Op 51049(U) [15 Misc 3d 140(A)] Decided on May 23, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 23, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570125/07.

Linda C. Lipetz, Plaintiff-Appellant,

against

The City of New York, Police Officer Cheryl A. Ives, Police Officer "John Doe", Police Officer "Jane Roe", Onde Design Inc., Nelly Barandiarian and Noel Dumerier, Defendants-Respondents.

Plaintiff appeals from a judgment of the Civil Court, New York County (Joan M. Kenney, J.), entered September 14, 2006, upon a jury verdict, in favor of defendants dismissing the action.

Per Curiam.
Judgment (Joan M. Kenney, J.), entered September 14, 2006, affirmed, with $25 costs.

The jury verdict finding that defendant Dumerier's actions were not a substantial factor in causing her injuries is neither inconsistent nor against the weight of the evidence. Since the record indicates that plaintiff's counsel neither objected to the court's charge nor requested any specific instructions, plaintiff has waived any right to challenge the jury's findings on appeal (see CPLR 4110-b; Maskantz v. Hayes, - AD3d [2007]; 2007 NY Slip Op 2799 [2007]). Were we to review the court's instructions to the jury, we would find that they substantially conformed with the Pattern Jury Instructions and stated the relevant principles of law. We find no reversible error in the court's evidentiary rulings challenged on appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: May 23, 2007