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WITTORF v. CITY OF NEW YORK

2193, 103233/06.

144 A.D.3d 493 (2016)

2016 NY Slip Op 07592

41 N.Y.S.3d 36

RHONDA WITTORF, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 15, 2016.

Plaintiff's argument that the evidence was insufficient to warrant a comparative negligence charge, let alone support a comparative negligence finding, is not preserved since she failed to move for a directed verdict on the issue at the close of the evidence (see Miller v Miller, 68 N.Y.2d 871 [1986]), and did not object to the comparative negligence charge (see Ganaj v New York City...

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