Legal Opinion

Rupert v. Sellers

New York Court of Appeals

Decided June 5, 1980PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Defendants’ claim concerning the propriety of the charge to the jury is not preserved for review (CPLR 4110-b), as defen*883dant not only failed to object to the court’s instruction, but in fact requested a charge which was substantially the same as the one rendered. Nor can it be said, as a matter of law, that the verdict of the jury, under the instructions given, is unsupported by the record. Defendants’ remaining contentions have been examined and found to lack substantial merit.

On plaintiff’s…

2Cases cited2 opinions

  1. Wilson v. . City of TroyNew York Court of Appeals · 1892
  2. Purcell v. Long Island Daily Press Publishing Co.New York Court of Appeals · 1961

3Cited by23 opinions

  1. Kush v. City of BuffaloNew York Court of Appeals · 1983
  2. Texaco, Inc. v. Pennzoil, Co., Texas Court of Appeals, 1st District (Houston)1987
  3. Paula A. Konikoff v. The Prudential Insurance Company of AmericaCourt of Appeals for the Second Circuit · 2000
  4. Hogan v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Wolf Street Supermarkets, Inc. v. McPartlandAppellate Division of the Supreme Court of the State of New York · 1985

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