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Schlecter v. Abbondadello

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 2004
5 A.D.3d 582 (N.Y. App. Div. 2004)

Opinion

2003-01522.

Decided March 15, 2004.

In an action to recover damages for personal injuries, etc., the plaintiff Michele Cohen Schlecter appeals from so much of a judgment of the Supreme Court, Nassau County (McCarty, J.), entered January 29, 2003, as, upon a jury verdict, is in favor of the defendants Jerriann Abbondadello and Pierce Country Day School and against her dismissing the complaint insofar as asserted against those defendants.

Finz Finz, P.C., Jericho, N.Y. (Stuart L. Finz and Jay L. Feigenbaum of counsel), for appellant.

Martyn, Toher, Esposito, Martyn Adler, Mineola, N.Y. (Joseph S. Holotka of counsel), for respondent Jerriann Abbondadello.

Goldstein, Tanenbaum D'Errico, LLP, Carle Place, N.Y. (Steven F. Goldstein and Steven I. Brizel of counsel), for respondent Pierce Country Day School, Inc.

Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.

Contrary to the contention of the plaintiff Michelle Cohen Schlecter, the jury verdict finding that the defendants Jerriann Abbondadello and Pierce Country Day School were not negligent was not against the weight of the evidence ( see Richt v. Strohrmann, 247 A.D.2d 458; Nicastro v. Park, 113 A.D.2d 129). Moreover, the plaintiff's claim that the trial court's charge contained errors is unpreserved for appellate review, and we decline to address it in the exercise of our interest of justice jurisdiction ( see Dutcher v. Fetcher, 183 A.D.2d 1052; Land v. City of New York, 177 A.D.2d 477; Columbia v. Horowitz, 162 A.D.2d 579; Stern v. Waldbaum, Inc. No. 10, 109 A.D.2d 789; Williams v. City of New York, 101 A.D.2d 835; Di Salvo v. Bortle, 58 A.D.2d 997).

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.


Summaries of

Schlecter v. Abbondadello

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 2004
5 A.D.3d 582 (N.Y. App. Div. 2004)
Case details for

Schlecter v. Abbondadello

Case Details

Full title:MICHELLE COHEN SCHLECTER, appellant, ET AL., plaintiff, v. JERRIANN…

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

Date published: Mar 15, 2004

Citations

5 A.D.3d 582 (N.Y. App. Div. 2004)
772 N.Y.S.2d 880

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