CLEARY v. CITY OF NEW YORK


234 A.D.2d 411 (1996)

651 N.Y.S.2d 119

Michael Cleary, Appellant, v. City of New York, Respondent

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

December 16, 1996


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, his photographic exhibit showing potholes he allegedly "swerved" to avoid was properly excluded by the trial court, since he never previously claimed or testified that swerving caused his motorcycle to go out of control (see, Brook-Hattan Utils. v 893 Constr. Corp., 180 A.D.2d 660; Sharkey v Locust Val. Mar.,

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