Martin v. Board of Education of Wappingers Central School District

Appellate Division of the Supreme Court of New York

Martin v. Board of Education of Wappingers Central School District

201 A.D.2d 711, 608 N.Y.S.2d 297, 1994 N.Y. App. Div. LEXIS 1704

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1994

StatusPublished

Cited by2 cases

This text of 201 A.D.2d 711 (Martin v. Board of Education of Wappingers Central School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Board of Education of Wappingers Central School District, 201 A.D.2d 711, 608 N.Y.S.2d 297, 1994 N.Y. App. Div. LEXIS 1704 (N.Y. Ct. App. 1994).

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Opinion

In an action, inter alia, to recover damages for violation of 42 USC § 1983, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Juid[712]*712ice, J.), entered December 4, 1991, which denied their motion for a new trial.

Ordered that the order is affirmed, with costs.

The plaintiffs claim that the trial court erroneously charged the jury on the issue of damages. The charge was not objected to at the trial, and this issue cannot be raised for the first time in a motion for a new trial (see, Brown v Du Frey, 1 NY2d 190, 195-196; Leal v Simon, 147 AD2d 198, 206; UpFront Indus. v U. S. Indus., 97 AD2d 354, affd 63 NY2d 1004). Mangano, P. J., Balletta, O’Brien and Hart, JJ., concur.

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In an action, inter alia, to recover damages for violation of 42 USC § 1983, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Juid[712]*712ice, J.), entered December 4, 1991, which denied their motion for a new trial.

Ordered that the order is affirmed, with costs.

The plaintiffs claim that the trial court erroneously charged the jury on the issue of damages. The charge was not objected to at the trial, and this issue cannot be raised for the first time in a motion for a new trial (see, Brown v Du Frey, 1 NY2d 190, 195-196; Leal v Simon, 147 AD2d 198, 206; UpFront Indus. v U. S. Indus., 97 AD2d 354, affd 63 NY2d 1004). Mangano, P. J., Balletta, O’Brien and Hart, JJ., concur.

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Bluebook (online)

201 A.D.2d 711, 608 N.Y.S.2d 297, 1994 N.Y. App. Div. LEXIS 1704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-board-of-education-of-wappingers-central-school-district-nyappdiv-1994.

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