Smith v. J.C. Penney Co.

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kitson, J.), entered April 17, 2001, which, upon a jury verdict, is in favor of the defendant and against him, dismissing the complaint.

Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff failed to object to that part of the jury charge which he challenges on this appeal. Accordingly, he did not preserve this issue for appellate review (see CPLR 4017, 4110-b, 5501 [a] [3]; Surjnarine v Brathwaite, 290 AD2d 436; Cavuto v Lilledah,…