N.Y. Civil Practice Law & Rules § 4110-b: Instructions to jury; objection

§ 4110-b. Instructions to jury; objection. At the close of the

evidence or at such earlier time during the trial as the court

reasonably directs, any party may file written requests that the court

instruct the jury on the law as set forth in the requests. The court,

out of the hearing of the jury, shall inform counsel of its proposed

action upon the requests prior to their arguments to the jury, but the

court shall instruct the jury after the arguments are completed. No

party may assign as error the giving or the failure to give an

instruction unless he objects thereto before the jury retires to

consider its verdict stating the matter to which he objects and the

grounds of his objection. Opportunity shall be given to make the

objection out of the hearing of the jury.