Gross v. Fontano

Full title: EDWARD A. GROSS, Appellant, v. RICHARD FONTANO et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 25, 1994

206 A.D.2d 505 (N.Y. App. Div. 1994)

615 N.Y.S.2d 279

Opinion

July 25, 1994

Appeal from the Supreme Court, Suffolk County (Floyd, J.).

Ordered that the order is affirmed, with costs.

The plaintiff, by failing to object to the verdict as inconsistent before the jury was discharged, did not preserve that argument for appellate review (see, e.g., Barone v. City of Mount Vernon, 170 A.D.2d 557). In any event, the verdict was not inconsistent (see, Barry v. Manglass, 55 N.Y.2d 803). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.