Scherer v. Equitable Life Assurance Society of United States

—Judgment, Supreme Court, New York County (Michael Stallman, J., and a jury), entered July 6, 2001, in an action by an insured against an insurer for breach of a policy of disability insurance, in favor of defendant and against plaintiff, unanimously affirmed, without costs.

The record does not show that plaintiff ever objected to plain statements by the trial court that no references were to be made to the Social Security Administration’s determination that plaintiff is disabled, and thus plaintiff’s present challenge to the exclusion of such determination is unpreserved (CPLR 4017; see…