Majority
p. 661Raymond B. Grunewald et al., Appellants, v Alexander Avenue Kosher Restaurant Corp. et al., Respondents. [747 NYS2d 192]
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.
Cases cited
- Clements v. Lindsey 237 AD2d 557 p. 661
- Schaefer v. Guddemi 182 AD2d 808 p. 661
- Rubin v. Pecoraro 141 AD2d 525 p. 661
- Nicastro v. Park 113 AD2d 129 p. 661