34-35 Corp. v. Industry City Associates

In an action to recover for damage to property, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), entered April 1, 2003, which, upon a jury verdict, is in favor of the defendants and against it, dismissing the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiffs contention that the Supreme Court’s instructions to the jury violated the terms of a stipulation previously placed on the record by the parties in open court is unpreserved for appellate review, since the plaintiff failed to object to the charge as given (see…