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MARTIN v. BD. OF EDUC. OF WAPPINGERS CENT. SCH. DIST.

201 A.D.2d 711 (1994)

608 N.Y.S.2d 297

Paul E. Martin et al., Appellants, v. Board of Education of Wappingers Central School District et al., Respondents

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

February 28, 1994

Ordered that the order is affirmed, with costs.

The plaintiffs claim that the trial court erroneously charged the jury on the issue of damages. The charge was not objected to at the trial, and this issue cannot be raised for the first time in a motion for a new trial (see, Brown v Du Frey, 1 N.Y.2d 190, 195-196; Leal v Simon, 147 A.D.2d 198

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