Pestarino v. Town of Islip

Appellate Division of the Supreme Court of New York

Pestarino v. Town of Islip

114 A.D.2d 890, 495 N.Y.S.2d 654, 1985 N.Y. App. Div. LEXIS 53919

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

DecidedNovember 12, 1985

StatusPublished

This text of 114 A.D.2d 890 (Pestarino v. Town of Islip) 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

Pestarino v. Town of Islip, 114 A.D.2d 890, 495 N.Y.S.2d 654, 1985 N.Y. App. Div. LEXIS 53919 (N.Y. Ct. App. 1985).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries and wrongful death, plaintiff appeals, as limited by her letter and brief, from so much of a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered October 19, 1983, as, upon a jury verdict, dismissed the action as against defendants County of Suffolk and the Police Department of Suffolk County.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

Although appellate counsel makes a cogent and vigorous argument that the trial court’s charge on circumstantial evidence was erroneous, the record makes it apparent that the issue was not preserved for appellate review. In his exception to the charge, trial counsel declared that the court had misstated the effect of equal inferences. On appeal, plaintiff changes her focus and for the first time claims that the court failed to use the word "equal” in the charge. Under the circumstances, the trial court was not informed of the alleged error and the facts of this case do not warrant reaching the question in the interest of justice. Lazer, J. P., Mangano, Gibbons and Weinstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries and wrongful death, plaintiff appeals, as limited by her letter and brief, from so much of a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered October 19, 1983, as, upon a jury verdict, dismissed the action as against defendants County of Suffolk and the Police Department of Suffolk County.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

Although appellate counsel makes a cogent and vigorous argument that the trial court’s charge on circumstantial evidence was erroneous, the record makes it apparent that the issue was not preserved for appellate review. In his exception to the charge, trial counsel declared that the court had misstated the effect of equal inferences. On appeal, plaintiff changes her focus and for the first time claims that the court failed to use the word "equal” in the charge. Under the circumstances, the trial court was not informed of the alleged error and the facts of this case do not warrant reaching the question in the interest of justice. Lazer, J. P., Mangano, Gibbons and Weinstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

114 A.D.2d 890, 495 N.Y.S.2d 654, 1985 N.Y. App. Div. LEXIS 53919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pestarino-v-town-of-islip-nyappdiv-1985.