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Horton v. Smith

51 N.Y.2d 798 Court N.Y. Decision date 1980-10-09 English

Judges Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Contents

Majority

p. 798
Albert Horton, Appellant, v Charles Smith, Respondent.
Argued September 5, 1980;
decided October 9, 1980
p. 799
APPEARANCES OF COUNSEL
Joseph T. Kehoe for appellant.
John Rittinger for respondent.

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.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.