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Liliya Rozina and Alexander Rozin v. Pearl River Shop-Rite Associates

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


April 6, 2011

LILIYA ROZINA AND ALEXANDER ROZIN,
APPELLANTS,
v.
PEARL RIVER SHOP-RITE ASSOCIATES, INC.,
RESPONDENT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 27, 2009.

Rozina v Pearl Riv. Shop-Rite Assoc., Inc.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 6, 2011

PRESENT: GOLIA, J.P., PESCE and RIOS, JJ

The judgment, upon a jury verdict in favor of defendant on the issue of liability, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

This action was brought as a result of an incident which occurred when a shopping cart on defendant's premises allegedly rolled down a ramp and struck the shopping cart of plaintiff Liliya Rozina, causing personal injuries. Following a trial on the issue of liability, the jury returned a verdict in favor of defendant. A judgment was subsequently entered dismissing the complaint.

Plaintiffs' contention that the Civil Court erred in failing to instruct the jury on foreseeability (PJI 2:12) and the doctrine of respondeat superior (PJI 2:235) is not preserved for appellate review as plaintiffs' counsel did not state on the record "the matter to which he objects and the grounds of his objection" (CPLR 4110-b), and the claimed errors were not so fundamental as to warrant the exercise of our discretion to review them in the interest of justice.

Plaintiff's remaining contentions are either unpreserved for appellate review, without merit, or not such as to warrant reversal under the circumstances presented.

Golia, J.P., Pesce and Rios, JJ., concur.

Decision Date: April 06, 2011

20110406

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