Opinion
February 22, 1994
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiffs' contention that the Supreme Court improperly discussed its response to a note from the jury in the presence of the jury is unpreserved for appellate review (see, Horowitz v Incorporated Vil. of Roslyn, 144 A.D.2d 639, 641-642). In any event, we find that the Supreme Court's response to the note was proper, and that the court correctly declined to reinstruct the jury as requested by counsel for the plaintiffs (see, Continental Natl. Bank v. Tradesmen's Natl. Bank, 173 N.Y. 272, 286). Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.