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WARD v. CITY OF NEW YORK

6017, 112665/07.

89 A.D.3d 532 (2011)

932 N.Y.S.2d 689

2011 NY Slip Op 8202

MADELINE B. WARD, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 15, 2011.

At trial, plaintiff's counsel unequivocally stated that the sole theory of recovery upon which plaintiff's claims were premised was that of prior written notice to the City. Therefore, plaintiff waived affirmative negligence as a theory of liability, and her arguments pertaining thereto are not preserved for review (see Spierer v Bloomingdale's, 44 A.D.3d 336 [2007]).

Supreme Court providently exercised its discretion by...

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