Maxon International, Inc. v. International Harvester Co.
438 N.E.2d 1143, 56 N.Y.2d 879, 453 N.Y.S.2d 428, 1982 N.Y. LEXIS 3491
Opinion
OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (82 AD2d 1006), to which we add only that much of what plaintiff has argued before us is beyond the theory of the case as presented to the jury in a charge to which no exception was taken and, therefore, cannot be considered by us (cf. Bichler v Lilly & Co., 55 NY2d 571).
[881] Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Maxon International, Inc. v. International Harvester Co., 438 N.E.2d 1143, 56 N.Y.2d 879, 453 N.Y.S.2d 428, 1982 N.Y. LEXIS 3491 (N.Y. 1982).
438 N.E.2d 1143 (Maxon International, Inc. v. International Harvester Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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