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SCHLECTER v. ABBONDADELLO

Appellate Division of the Supreme Court of New York, Second Department.
Mar 15, 2004
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DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.

Contrary to the contention of the plaintiff Michelle Cohen Schlecter, the jury verdict finding that the defendants Jerriann Abbondadello and Pierce Country Day School were not negligent was not against the weight of the evidence ( see Richt v. Strohrmann, 247 A.D.2d 458; Nicastro v. Park, 113 A.D.2d 129). Moreover, the plaintiff's claim that the trial court's charge contained errors is unpreserved for appellate review, and we decline to address it in the exercise of our interest of justice jurisdiction ( see Dutcher v. Fetcher, 183 A.D.2d 1052; Land v. City of New York, 177 A.D.2d 477; Columbia v. Horowitz, 162 A.D.2d 579; Stern v. Waldbaum, Inc. No. 10, 109 A.D.2d 789; Williams v. City of New York, 101 A.D.2d 835; Di Salvo v. Bortle, 58 A.D.2d 997).

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.