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HORTON v. SMITH

51 N.Y.2d 798 (1980)

Albert Horton, Appellant, v. Charles Smith, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Joseph T. Kehoe for appellant.

John Rittinger for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the police officer's testimony as to the point of impact was "without objection on the part of plaintiff".

When a timely objection is not made, the testimony offered is presumed to have been unobjectionable and any alleged error considered waived. (CPLR 4017; 4 Weinstein-Korn-Miller, NY...

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