Opinion
March 9, 1987
Appeal from the Supreme Court, Kings County (Lodato, J.).
Ordered that the judgment is affirmed, with costs.
The trial court properly denied the plaintiffs' request that the jury be charged as to certain alleged statutory violations by the defendant. There was no showing at the trial that either the Administrative Code of the City of New York or the Rules and Regulations of the New York City Bureau of Highway Operations required warning devices on construction containers (also known as dumpsters) at the time of the alleged vehicular accident on September 1, 1978.
In addition, we note that any comments by the court during its charge as to the plaintiffs' expert witness did not deny the plaintiffs their right to a fair trial. Finally, a review of the record indicates that the plaintiffs' contention that the jury's unanimous verdict in favor of the defendant was contrary to the weight of the evidence is without merit (see, Nicastro v. Park, 113 A.D.2d 129, 134). Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.