Shurek v. Waldbaum Inc.

Appellate Division of the Supreme Court of New York

Shurek v. Waldbaum Inc.

138 A.D.2d 365, 525 N.Y.S.2d 585, 1988 N.Y. App. Div. LEXIS 2113

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

DecidedMarch 7, 1988

StatusPublished

This text of 138 A.D.2d 365 (Shurek v. Waldbaum Inc.) 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

Shurek v. Waldbaum Inc., 138 A.D.2d 365, 525 N.Y.S.2d 585, 1988 N.Y. App. Div. LEXIS 2113 (N.Y. Ct. App. 1988).

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Opinion

In an action, inter alia, to recover damages for personal injuries arising from the defendants’ negligence and unlawful detention, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Shaw, J.), entered March 21, 1986, which is in favor of the defendants and against him.

Ordered that the judgment is affirmed, with costs.

Although the trial court initially indicated during its pre[366]*366charge conference with counsel (CPLR 4110-b) that it intended to instruct the jury on the issue of punitive damages and subsequently reversed its position, concluding that such an instruction was not warranted in this case, we conclude, contrary to the plaintiffs contentions, that he was not prejudiced as a result thereof inasmuch as the jury found no liability on the part of the defendants (see, Getlin v St. Vincent’s Hosp. & Med. Center, 117 AD2d 707). Bracken, J. P., Kunzeman, Eiber and Harwood, JJ., concur.

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In an action, inter alia, to recover damages for personal injuries arising from the defendants’ negligence and unlawful detention, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Shaw, J.), entered March 21, 1986, which is in favor of the defendants and against him.

Ordered that the judgment is affirmed, with costs.

Although the trial court initially indicated during its pre[366]*366charge conference with counsel (CPLR 4110-b) that it intended to instruct the jury on the issue of punitive damages and subsequently reversed its position, concluding that such an instruction was not warranted in this case, we conclude, contrary to the plaintiffs contentions, that he was not prejudiced as a result thereof inasmuch as the jury found no liability on the part of the defendants (see, Getlin v St. Vincent’s Hosp. & Med. Center, 117 AD2d 707). Bracken, J. P., Kunzeman, Eiber and Harwood, JJ., concur.

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Bluebook (online)

138 A.D.2d 365, 525 N.Y.S.2d 585, 1988 N.Y. App. Div. LEXIS 2113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shurek-v-waldbaum-inc-nyappdiv-1988.

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