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RUPERT v. SELLERS

50 N.Y.2d 881 (1980)

Philip D. Rupert, Jr., Plaintiff, and Rupert & Lutz Agency, Inc., Appellant-Respondent, v. Charles J. Sellers, Jr., et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Lewis A. Kaplan, Richard Kurnit and Joseph L. Watson for respondents-appellants.

James M. Hartman and Edward H. Fox for appellant-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Defendants' claim concerning the propriety of the charge to the jury is not preserved for review (CPLR 4110-b), as defendant not only failed to object to the court's instruction, but in fact requested a charge which was substantially the same as the one rendered. Nor can it be said, as a matter...

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