Legal Opinion
Disalvo v. Bortle
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1977PublishedCited by 3 opinions
1Opinion of the Court
Judgment affirmed, without costs. Memorandum: The objection raised at trial that the court erroneously failed to charge that the overtaken vehicle has a superior right of way was inadequate; it was ambiguous and failed explicitly to apprise the court of the alleged point of error. Nowhere in his objection did plaintiff’s counsel expressly request the court to charge that decedent’s vehicle had a superior right of way. Accordingly, plaintiff should be deemed to have waived the right to raise this issue on appeal (CPLR 4110-b; see Pagnella v Action for Better Community, 57 AD2d 1076; see, also,…
2Cases cited13 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Ferrara v. GalluchioNew York Court of Appeals · 1958
- Olsen v. Chase Manhattan BankNew York Court of Appeals · 1961
- Olsen v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1960
- Guaspari v. GorskyNew York Court of Appeals · 1972
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3Cited by3 opinions
- McCummings v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Schlecter v. AbbondadelloAppellate Division of the Supreme Court of the State of New York · 2004
- McCummings v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992