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O'NEILL v. JULAV REALTY, LTD.

2 A.D.3d 194 (2003)

769 N.Y.S.2d 223

EDWARD O'NEILL et al., Respondents, v. JULAV REALTY, LTD., Appellant.

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

December 9, 2003.

As defendant concedes, the challenge to the trial court's charge on burden of proof was not raised below, and is thus unpreserved for appellate review (CPLR 4017, 4110-b, 5501 [a] [3]; see Guzman v 560 Realty Co., 303 A.D.2d 248 [2003]). In any event, the notice requirement was properly charged in connection with the common-law negligence claim. The court properly charged the jury in connection...

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