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MAFES v. CITY OF NEW YORK

14093/05 -12401A, 12401, 12400

120 A.D.3d 999 (2014)

991 N.Y.S.2d 765

2014 NY Slip Op 06031

TONY MAFES, Respondent, v. CITY OF NEW YORK et al., Defendants, and LINCOLN TUGWELL, Appellant.

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

Decided September 4, 2014.

Defendant requests that we exercise our "interest of justice power to correct a fundamental error" that his counsel failed to raise at the inquest, i.e., that damages have been awarded against him for conduct not attributed to him in the complaint (citing Peguero v 601 Realty Corp., 58 A.D.3d 556, 563 [1st Dept 2009] [an error "so fundamental as to preclude consideration of the central issue upon which the claim of liability is founded...

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