Ladesso v. City of New York

Full title: JOHN LADESSO, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 29, 1996

229 A.D.2d 565 (N.Y. App. Div. 1996)

646 N.Y.S.2d 292

Opinion

July 29, 1996

Appeal from the Supreme Court, Queens County (Rutledge, J.).

Ordered that the judgment is affirmed, with costs.

The plaintiff's contention that the court erred in delivering a missing witness charge is unpreserved for appellate review (see, CPLR 4110-b, 4017, 5501 [a] [3]; De Long v. County of Erie, 60 N.Y.2d 296, 306), and we decline to review it in the exercise of our interest of justice jurisdiction (cf., Sluzar v Nationwide Mut. Ins. Co., 223 A.D.2d 785).

We have reviewed the plaintiff's remaining contentions and find they are without merit. Miller, J.P., O'Brien, Sullivan and Altman, JJ., concur.