Opinion
2001-09402
Argued October 25, 2002.
December 2, 2002.
In an action, inter alia, to recover damages for false arrest, the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Jackson, J.), entered August 16, 2001, as, upon a jury verdict in favor of the defendants City of New York, John Dutches, John Mendick, John Hindi, and John Rosenberg and against them on the issue of liability, dismissed the complaint insofar as asserted against those defendants.
Salzman, Ingber Winer, New York, N.Y. (Alexander J. Wulwick of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The plaintiffs' contention that the jury verdict should be set aside as inconsistent is unpreserved for appellate review, since they did not raise that issue before the jury was discharged (see Barry v. Manglass, 55 N.Y.2d 803, 806; Uher v. Toys "R" Us, 292 A.D.2d 595; Ramos v. New York City Hous. Auth., 280 A.D.2d 325, 326; Devine v. City of New York, 262 A.D.2d 443, 444; Pelosi v. TJA Maintenance Programming, 247 A.D.2d 453, 454). In any event, the contention is without merit (see Miller v. Long Is. R.R., 286 A.D.2d 713; Miglino v. Supermarkets Gen. Corp., 243 A.D.2d 451; Rubin v. Pecoraro, 141 A.D.2d 525). Further, the verdict was not against the weight of the evidence, as it was supported by a fair interpretation of the evidence (see Nicastro v. Park, 113 A.D.2d 129, 133).
The plaintiffs' remaining contention is without merit.
SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and SCHMIDT, JJ., concur.