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SCHERER v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES

299 A.D.2d 301 (2002)

749 N.Y.S.2d 727

BARBARA D. SCHERER, Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Respondent.

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

Decided November 26, 2002.

The record does not show that plaintiff ever objected to plain statements by the trial court that no references were to be made to the Social Security Administration's determination that plaintiff is disabled, and thus plaintiff's present challenge to the exclusion of such determination is unpreserved (CPLR 4017; see Horton v Smith, 51 N.Y.2d 798). Also unpreserved for lack of objection is plaintiff's claim that the trial court abused...

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