Groat v. Price Chopper Operating Co.

Appellate Division of the Supreme Court of New York

Groat v. Price Chopper Operating Co.

236 A.D.2d 854, 653 N.Y.S.2d 910, 1997 N.Y. App. Div. LEXIS 1789

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 1997·Published·Cited by 1 cases

Opinion

—Judgment unanimously affirmed without costs. Memorandum: By failing to object either to the original charge before the jury retired to consider its verdict or to the supplemental charge before the jury resumed deliberations, plaintiff failed to preserve for our review her present argument that the court’s charge and supplemental charge were erroneous (see, CPLR 4110-b). Because plaintiff presented no evidence concerning the feasibility of alternative methods of restocking the store, the court’s instruction to the jury not to consider alternative methods was not erroneous. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J.—Dismiss Complaint.) Present— Pine, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: By failing to object either to the original charge before the jury retired to consider its verdict or to the supplemental charge before the jury resumed deliberations, plaintiff failed to preserve for our review her present argument that the court’s charge and supplemental charge were erroneous (see, CPLR 4110-b). Because plaintiff presented no evidence concerning the feasibility of alternative methods of restocking the store, the court’s instruction to the jury not to consider alternative methods was not erroneous. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J.—Dismiss Complaint.) Present— Pine, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

Groat v. Price Chopper Operating Co., 236 A.D.2d 854, 653 N.Y.S.2d 910, 1997 N.Y. App. Div. LEXIS 1789 (N.Y. Ct. App. 1997).

Pincite

236 A.D.2d 854 (Groat v. Price Chopper Operating Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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