Home/Appellate Division of the Supreme Court of New York/Ward v. City of New York

Ward v. City of New York

89 A.D.3d 532, 932 N.Y.2d 689
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 2011
StatusPublished
Cited by2 cases

This text of 89 A.D.3d 532 (Ward v. City of New York) 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
Ward v. City of New York, 89 A.D.3d 532, 932 N.Y.2d 689 (N.Y. Ct. App. 2011).

Opinion

At trial, plaintiffs counsel unequivocally stated that the sole theory of recovery upon which plaintiffs claims were premised was that of prior written notice to the City. Therefore, plaintiff waived affirmative negligence as a theory of liability, and her arguments pertaining thereto are not preserved for review (see Spierer v Bloomingdale’s, 44 AD3d 336 [2007]).

Supreme Court providently exercised its discretion by denying plaintiffs motion to reopen.

We have considered plaintiffs remaining contentions and find them unpersuasive. Concur — Mazzarelli, J.E, Catterson, Moskowitz, Renwick and Abdus-Salaam, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
89 A.D.3d 532, 932 N.Y.2d 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-city-of-new-york-nyappdiv-2011.