Opinion
June 23, 1997
Appeal from the Supreme Court, Queens County (Berke, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiff Estelle Alexander allegedly tripped and fell over an elevated sidewalk flag owned by the defendant City of New York. Her testimony was not contradicted at trial. The jury returned a verdict finding that the City was negligent, but that its negligence was not a substantial factor in causing the accident. The plaintiffs contend, inter alia, that the City improperly used an unadmitted medical report to impeach the plaintiff, and that the summation by the City was improper.
The plaintiffs' contentions are unpreserved for appellate review ( see, CPLR 5501 [a]; see also, Bacigalupo v. Healthshield, Inc., 231 A.D.2d 538; Torrado v. Lutheran Med. Ctr., 198 A.D.2d 346). In any event, the unadmitted medical report was not improperly used, and the summation by the City constituted fair comment on the evidence presented ( see, Freeman v. Kirkland, 184 A.D.2d 331). The plaintiffs' remaining contentions are either without merit or involved harmless errors which were cured by the court's instructions ( see, Lauter v. Village of Great Neck, 231 A.D.2d 553).
Mangano, P.J., Copertino, Florio and McGinity, JJ., concur.