Martin v. Bd. of Educ. of Wappingers

Full title: PAUL E. MARTIN et al., Appellants, v. BOARD OF EDUCATION OF WAPPINGERS…

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

Date published: Feb 28, 1994

201 A.D.2d 711 (N.Y. App. Div. 1994)

608 N.Y.S.2d 297

Opinion

February 28, 1994

Appeal from the Supreme Court, Dutchess County (Juidice, J.).

Ordered that the order is affirmed, with costs.

The plaintiffs claim that the trial court erroneously charged the jury on the issue of damages. The charge was not objected to at the trial, and this issue cannot be raised for the first time in a motion for a new trial (see, Brown v. Du Frey, 1 N.Y.2d 190, 195-196; Leal v. Simon, 147 A.D.2d 198, 206; Up-Front Indus. v U.S. Indus., 97 A.D.2d 354, affd 63 N.Y.2d 1004). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.