PESTARINO v. TOWN OF ISLIP


114 A.D.2d 890 (1985)

Susan Pestarino, as Administratrix of The Estate of John Pestarino, Deceased, Appellant, v. Town of Islip, Defendant, and County of Suffolk et al., Respondents

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

November 12, 1985


Judgment affirmed, insofar as appealed from, without costs or disbursements.

Although appellate counsel makes a cogent and vigorous argument that the trial court's charge on circumstantial evidence was erroneous, the record makes it apparent that the issue was not preserved for appellate review. In his exception to the charge, trial counsel declared that the court had misstated the effect of equal inferences. On appeal, plaintiff changes her focus and for the first...

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