Legal Opinion
Byrd v. Genesee Hospital
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1985PublishedCited by 8 opinions
1Opinion of the Court
*1052On appeal, defendants argue that the failure of the court to charge as requested constitutes reversible error. We disagree. CPLR 5501 (a) (3) provides that an appeal from a final judgment brings up for review “any charge to the jury, or failure or refusal to charge as requested by the appellant, to which he objected” (emphasis supplied). Similarly, CPLR 4110-b provides: “[n]o party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict stating the matter to which he objects and the grounds of his…
2Cases cited3 opinions
- Barry v. ManglassNew York Court of Appeals · 1981
- Delaney v. Philhern Realty Holding Corp.New York Court of Appeals · 1939
- Lech v. ConnyAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- Kilburn v. Acands, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1992
- Jones v. Brilar Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Pastore v. BooneAppellate Division of the Supreme Court of the State of New York · 1987
- Martell v. Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 1992
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