Legal Opinion
Martin v. Board of Education of Wappingers Central School District
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1994PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for violation of 42 USC § 1983, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Juid*712ice, J.), entered December 4, 1991, which denied their motion for a new trial.
Ordered that the order is affirmed, with costs.
The plaintiffs claim that the trial court erroneously charged the jury on the issue of damages. The charge was not objected to at the trial, and this issue cannot be raised for the first time in a motion for a new trial (see, Brown v Du Frey, 1 NY2d 190, 195-196; Leal v Simon, 147 AD2d 198, 206; UpFront Indus. v U.…
2Cases cited4 opinions
- Brown v. Du FreyNew York Court of Appeals · 1956
- Up-Front Industries, Inc. v. U. S. Industries, Inc.New York Court of Appeals · 1984
- Leal v. SimonAppellate Division of the Supreme Court of the State of New York · 1989
- Up-Front Industries, Inc. v. U. S. Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by2 opinions
- guardianship/conservatorship of Van SickleNorth Dakota Supreme Court · 2005
- Gottesman Co. v. Keystone Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2007