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BRIZER v. CITY OF NEW YORK

51 A.D.2d 791 (1976)

Evelyn Brizer, as Administrator D.B.N. of The Estate of Edward Gilbert, Deceased, Respondent-Appellant, v. City of New York et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1976

Judgment affirmed, without costs or disbursements.

We find the verdict to be supported by the credible evidence and not to be excessive. The defendant city, having failed to object to that portion of the court's charge which directed the jury that it must find the city liable on the false arrest and malicious prosecution causes of action if it found defendant McNicholas liable thereon, has waived the question, on appeal, of whether it can be held

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