New York Civil Practice Law and Rules Code § 4110-B

Instructions to jury; objection
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§ 4110-b. Instructions to jury; objection. At the close of the\nevidence or at such earlier time during the trial as the court\nreasonably directs, any party may file written requests that the court\ninstruct the jury on the law as set forth in the requests. The court,\nout of the hearing of the jury, shall inform counsel of its proposed\naction upon the requests prior to their arguments to the jury, but the\ncourt shall instruct the jury after the arguments are completed.  No\nparty may assign as error the giving or the failure to give an\ninstruction unless he objects thereto before the jury retires to\nconsider its verdict stating the matter to which he objects and the\ngrounds of his objection.  Opportunity shall be given to make the\nobjection out of the hearing of the jury.\n

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