Opinion
April 21, 1986
Appeal from the Supreme Court, Kings County (Scholnick, J.).
Judgment affirmed insofar as appealed from, with one bill of costs.
The defendant Medical Center of Brooklyn, Inc. argues that a new trial is necessary because the jury's answer to an interrogatory which found both the defendants jointly liable for the deceased's wrongful death was inconsistent with an answer to another interrogatory finding that it alone was liable to the plaintiffs for the deceased's conscious pain and suffering. We find, however, that the defendant Medical Center of Brooklyn, Inc. waived its objections to the verdict in the instant case by failing to call the alleged inconsistency to the trial court's attention at any time when corrective action might have been taken, i.e., before the jury was discharged (see, Barry v Manglass, 55 N.Y.2d 803, 806; Marine Midland Bank v. Russo Produce Co., 50 N.Y.2d 31, 41; Britez v. National Car Rental, 111 A.D.2d 205, 206). Had it raised the issue at the appropriate time, the alleged inconsistency might have been cured, for example, by resubmission to the jury. Instead, this issue was not raised until the defendant Medical Center of Brooklyn, Inc.'s posttrial motion, long after the time for any possible cure had passed. It cannot now serve as a predicate for reversal (see, Barry v Manglass, supra).
We also reject the argument of the defendant Victory Memorial Hospital that a new trial should be granted on the issue of damages for wrongful death. We find no indication that the evidence was improperly evaluated by the jury in reaching its verdict, nor can it be said, on the facts of this case, that the award was excessive.
We have considered the defendants' other contentions and have found them to be without merit. Lazer, J.P., Niehoff, Kooper and Spatt, JJ., concur.