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ROCKOWITZ v. GREENSTEIN

11 A.D.3d 523 (2004)

782 N.Y.S.2d 795

ROSLYN ROCKOWITZ et al., Appellants, v. ROBERT A. GREENSTEIN et al., Respondents.

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

October 12, 2004.

Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the trial court erred in failing to include Vehicle and Traffic Law § 1180 (a) and (e), and PJI 2:77.1 (2004 Supp) in its jury charge. However, this argument is unpreserved for appellate review since the plaintiffs did not request a charge, nor did they take exception to the charge as delivered (see CPLR 4110-b; Roman v Parkash, 4 A.D.3d 408

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