Chapman v. Thirty-Ninth St. Realty Corp.

Judgment in favor of the plaintiff in the sum of $42,861 unanimously affirmed, with $50 costs and disbursements to plaintiff. On this appeal the defendants urge that recovery in a cause of action brought under section 205-a of the General Municipal Law would not entitle the plaintiff to recover compensatory damages. However, such contention is not open to defendants on this appeal because they failed to object to the portion of the charge wherein the court did instruct the jury that in finding for the plaintiff it must bring in a verdict for compensatory damages (see CPLE 4017, 5501, subd.…