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KOTOPOULOS v. NATHAN HALE GARDENS, INC.

235 A.D.2d 276 (1997)

652 N.Y.S.2d 283

Alexandra Kotopoulos, Respondent-Appellant, v. Nathan Hale Gardens, Inc., et al., Appellants-Respondents and Third-Party Plaintiffs-Appellants, et al., Defendant. Gotham Building Maintenance Corp., Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

January 16, 1997

Plaintiff, who slipped and fell in the parking lot of her apartment building and fractured her wrist, argues that the trial court erred in charging the jury on her negligence. This claim is unpreserved, and in any event without merit in view of plaintiff's testimony that just prior to falling she looked up at the building to her left, and that she realized that she had slipped on ice only after she fell, suggesting that she diverted...

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