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34-35 CORP. v. INDUSTRY CITY ASSOCIATES

14 A.D.3d 550 (2005)

787 N.Y.S.2d 670

34-35 CORPORATION, Appellant, v. INDUSTRY CITY ASSOCIATES et al., Respondents.

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

January 18, 2005

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiff's contention that the Supreme Court's instructions to the jury violated the terms of a stipulation previously placed on the record by the parties in open court is unpreserved for appellate review, since the plaintiff failed to object to the charge as given (see generally Harris v Armstrong, 64 N.Y.2d 700 [1984]; Rock v City of New York,

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