Legal Opinion
O'Neill v. Julav Realty, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2003PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about October 9, 2002, which, after a jury trial, awarded plaintiff Edward O’Neill $400,000, plus interest and costs, unanimously affirmed, with costs.
As defendant concedes, the challenge to the trial court’s charge on burden of proof was not raised below, and is thus *195unpreserved, for appellate review (CPLR 4017, 4110-b, 5501 [a] [3]; see Guzman v 560 Realty Co., 303 AD2d 248 [2003]). In any event, the notice requirement was properly charged in connection with the common-law negligence claim. The court properly charged…
2Cases cited4 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Lusenskas v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1992
- Lusenskas v. AxelrodNew York Court of Appeals · 1993
- Guzman v. 560 Realty Co.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by4 opinions
- Terranova v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Soto v. FamulariAppellate Division of the Supreme Court of the State of New York · 2006
- Rucker v. NYC/NYPD License DivisionAppellate Division of the Supreme Court of the State of New York · 2010
- Crespi v. M.E.I.T. Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2005