Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 16, 2004. The order denied plaintiffs motion to set aside the jury verdict.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order denying plaintiff’s motion to set aside the jury verdict awarding Stephen Miller, doing business as Miller’s Saw Mill (defendant), damages on his counterclaim, plaintiff contends that Supreme Court admitted
Plaintiff further contends that the court erred in failing to instruct the jury that “the effectiveness of the [14-day rule should] be determined in accordance with the rules of reasonableness.” Plaintiff failed to preserve that contention for our review by failing to raise that specific contention in its objection to the court’s charge (see Dailey v Keith, 306 AD2d 815, 816 [2003], affd 1 NY3d 586 [2004]; De Long v County of Erie, 60 NY2d 296, 306 [1983]). Where, as here, the charge is not fundamentally flawed, plaintiffs “failure to object to the charge at trial and before the jury retire[d] precludes [our] review” of plaintiffs contention (Makovitzky v Spataro, 139 AD2d 704, 705 [1988]; see CPLR 4110-b; see also Wagner Trading Co. v Walker Retail Mgt. Co., 307 AD2d 701, 704 [2003]; cf. Clark v Interlaken Owners, 2 AD3d 338, 340 [2003]). Present—Hurlbutt, J.P., Scudder, Smith, Pine and Hayes, JJ.
