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WEISS v. WEISS

201 A.D.2d 645 (1994)

609 N.Y.S.2d 831

Robert Weiss et al., Appellants, v. Melvin Weiss et al., Respondents

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

February 22, 1994

Ordered that the judgment is affirmed, with costs.

The plaintiffs' contention that the Supreme Court improperly discussed its response to a note from the jury in the presence of the jury is unpreserved for appellate review (see, Horowitz v Incorporated Vil. of Roslyn, 144 A.D.2d 639, 641-642). In any event, we find that the Supreme Court's response to the note was proper, and that the court correctly declined to reinstruct...

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