Nelson v. Times Square Stores Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The error alleged on appeal with respect to the trial court’s charge to the jury on the issue of the corporate employer’s liability for punitive damages for the reckless, willful or malicious acts of its employees has not been preserved for appellate review by appropriate request or exception (see, Moore v Leaseway Transp. Corp., 49 NY2d 720, 722; Bichler v Lilly & Co., 55 NY2d 571, 583-584; O’Donnell v K-Mart Corp., 100 AD2d 488, 490). Furthermore, to obtain a reversal, a ground not stated in a motion before the trial court cannot be first urged on appeal as a reason why the motion should…
2Cases cited26 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Broughton v. StateNew York Court of Appeals · 1975
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
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3Cited by26 opinions
- Volpe v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Douglas Elliman-Gibbons & Ives, Inc. v. KellermanAppellate Division of the Supreme Court of the State of New York · 1991
- Stringile v. RothmanAppellate Division of the Supreme Court of the State of New York · 1988
- Givens v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- First Northern Mortgagee Corp. v. YatrakisAppellate Division of the Supreme Court of the State of New York · 1989
21 more not listed; retrieve them via the Exa API.