Legal Opinion
Santos v. National Retail Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
Initially, we note that defendants failed to submit a copy of the transcript to the motion court. However, we are entitled to take judicial notice of it (see generally Samuels v Montefiore Med. Ctr., 49 AD3d 268 [2008]; see also People v Davis, 161 AD2d 787, 788 [1990], lv denied 76 NY2d 939 [1990]).
Defendants failed to preserve their argument challenging the court’s remarks to the jury. Any objections made in the unrecorded sidebar are insufficient to preserve the issue on appeal; defendants must make a specific objection on the record (see Gayle v Port Auth. of N.Y. & N.J., 6 AD3d 183, 184…
2Cases cited5 opinions
- Peguero v. 601 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Sharrow v. Dick Corp.New York Court of Appeals · 1995
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1990
- Samuels v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Gayle v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- Togut v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Henry Phipps Plaza South Associates Ltd. v. QuijanoAppellate Terms of the Supreme Court of New York · 2014
- Togut v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2014