Horton v. Smith
New York Court of Appeals
Horton v. Smith, 51 N.Y.2d 798 (N.Y. 1980)
412 N.E.2d 1318; 433 N.Y.S.2d 92; 1980 N.Y. LEXIS 2658
Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
Horton v. Smith
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that the police officer’s testimony as to the point of impact was "without objection on the part of plaintiff”.
When a timely objection is not made, the testimony offered is presumed to have been unobjectionable and any alleged error considered waived. (CPLR 4017; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4017.05, at pp 40-87 to 40-88.)
Order affirmed.
Reference
- Full Case Name
- Albert Horton v. Charles Smith
- Cited By
- 50 cases
- Status
- Published