Plaintiff's argument that the trial court erroneously instructed the jury that he, rather than defendant, had the burden of proof, was not raised before the trial court and it is thus unpreserved (CPLR 4110-b). Nor does plaintiff show that this issue should be reached in the interests of justice, as this is not a situation where the court "effectively foreclosed the jury from evaluating the evidence in accordance with the proper legal standard" (Pagnotta v Diamond,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
MEIJA-GONZALES v. STORCH
Index No. 154573/12. Appeal No. 12528-12528A. Case Nos. 2020-01726, 2020-01754.
189 A.D.3d 442 (2020)
136 N.Y.S.3d 20
2020 NY Slip Op 07284
Jaime Alberto Meija-Gonzales, Appellant, v. Oliver S. Storch, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 3, 2020.
Decided December 3, 2020.
Attorney(s) appearing for the Case
Leon I. Behar, P.C., New York ( Leon I. Behar of counsel), for appellant.
Brand Glick Brand, Garden City ( Robert S. Mazzuchin of counsel), for respondent.
Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
