Grunewald v. Alexander Avenue Kosher Restaurant Corp.

297 A.D.2d 661, 747 N.Y.2d 192, 747 N.Y.S.2d 192, 2002 N.Y. App. Div. LEXIS 8425

Opinion

The plaintiffs’ contention that the jury verdict was inconsistent is unpreserved for appellate review (see Clements v Lindsey, 237 AD2d 557). In any event, the jury verdict finding that the defendant driver was negligent but that his negligence was not a proximate cause of the accident is consistent with the evidence elicited at trial (see Schaefer v Guddemi, 182 AD2d 808; Rubin v Pecoraro, 141 AD2d 525). In addition, the verdict was not against the weight of the evidence (see Nicastro v Park, 113 AD2d 129).

The plaintiffs’ remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J.P., H. Miller, Schmidt and Cozier, JJ., concur.