Maxon International, Inc. v. International Harvester Co.
This text of 438 N.E.2d 1143 (Maxon International, Inc. v. International Harvester Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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]*881Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Cite This Page — Counsel Stack
438 N.E.2d 1143, 56 N.Y.2d 879, 453 N.Y.S.2d 428, 1982 N.Y. LEXIS 3491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxon-international-inc-v-international-harvester-co-ny-1982.