Opinion
April 11, 1994
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiffs' contention that the court erred in giving the missing witness charge in question is unpreserved for appellate review (see, CPLR 4110-b, 5501 [a] [3]), and we find no basis to consider it in the exercise of our discretion. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.