Orphan v. Carol Management Corp.

Appellate Division of the Supreme Court of New York

Orphan v. Carol Management Corp.

161 A.D.2d 211, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4930

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

DecidedMay 3, 1990

StatusPublished

This text of 161 A.D.2d 211 (Orphan v. Carol Management Corp.) 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

Orphan v. Carol Management Corp., 161 A.D.2d 211, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4930 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, Bronx County (Anita Florio, J.), entered November 2, 1988, which after jury trial found in favor of the defendants and dismissed the complaint, unanimously affirmed, without costs.

In response to extensive interrogatories, the jury found that defendants had been negligent, and had defamed and falsely imprisoned the plaintiff, but that none of these acts "proximately caused” any injury to the plaintiff. In accordance with the instructions on the verdict sheet, the jury returned its verdict without considering the issue of punitive damages.

Plaintiff’s failure to object to the form of the verdict sheet places beyond appellate review the arguments now raised on appeal as a matter of law, and we decline to exercise our discretion to review these matters. Concur—Kupferman, J. P., Ross, Ellerin, Wallach and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Anita Florio, J.), entered November 2, 1988, which after jury trial found in favor of the defendants and dismissed the complaint, unanimously affirmed, without costs.

In response to extensive interrogatories, the jury found that defendants had been negligent, and had defamed and falsely imprisoned the plaintiff, but that none of these acts "proximately caused” any injury to the plaintiff. In accordance with the instructions on the verdict sheet, the jury returned its verdict without considering the issue of punitive damages.

Plaintiff’s failure to object to the form of the verdict sheet places beyond appellate review the arguments now raised on appeal as a matter of law, and we decline to exercise our discretion to review these matters. Concur—Kupferman, J. P., Ross, Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

161 A.D.2d 211, 555 N.Y.S.2d 601, 1990 N.Y. App. Div. LEXIS 4930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orphan-v-carol-management-corp-nyappdiv-1990.