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Hecker v. State of New York, 38

Where the Appellate Division chooses, in the exercise of its interests of justice jurisdiction, to decide an issue of law that was not preserved in the trial court, this court may not review either: 1) the Appellate Division's exercise of its discretion in deciding to reach the issue; or 2) the issue itself, i.e. whether the area in which plaintiff suffered his injury was a "floor, passageway or walkway" within the meaning of 12 NYCRR 23-1.7(d).

Appellate Information

  • Decided 03/28/2013
  • Published 03/28/2013



  • Court of Appeals of New York


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