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PIQUETTE v. CITY OF NEW YORK

4 A.D.3d 402 (2004)

771 N.Y.S.2d 365

LAWRENCE PIQUETTE et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

February 9, 2004.

Ordered that the judgment is affirmed, with costs.

Although the municipal defendants' motion to set aside the jury verdict was made on insufficient notice (see CPLR 2214 [b]), the plaintiffs were not prejudiced by this procedural irregularity, and waived their objection to it by opposing the motion on the merits (see Henry v Gutenplan, 197 A.D.2d 608 [1993]; Adler v Gordon, 243 A.D.2d 365

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