Glassberg v. Filco Carting Corp.
Opinion of the Court
Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered April 15, 2011, upon a jury verdict in defendants’ favor in this action for personal injuries sustained when plaintiff bicyclist was struck by defendants’ motor vehicle, unanimously affirmed, without costs.
Plaintiffs objections to the jury charges are, to some extent, unpreserved. In any event, any error in the charges was harmless since the objections involve charges relating to plaintiffs negligence, an issue not reached by the jury.
Finally, the Court did not deny plaintiff a right to impeach one of the eyewitnesses by sustaining an objection, during plaintiffs summation, to a discussion about the witness’s deposition testimony, which purportedly contradicted his trial testimony. During the trial, plaintiff confronted the witness with his prior testimony and fully explored the inconsistency. Concur—Friedman, J.P., Sweeny, Acosta, Abdus-Salaam and Manzanet-Daniels, JJ.
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