Opinion
June 18, 2009.
Judgment, Supreme Court, New York County (Joan B. Carey, J., and a jury), entered June 5, 2007, in an action for personal injuries and wrongful death alleging medical malpractice and general negligence, dismissing the complaint, unanimously affirmed, without costs.
Before: Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.
The claimed errors in the verdict sheet are not preserved for appellate review since plaintiffs did not object thereto (CPLR 4110-b; see Suria v Shiftman, 67 NY2d 87, 97), and we decline to review them ( see Pagnotta v Diamond, 51 AD3d 1099, 1100). In any event, nothing in the record or verdict indicates that the jury was confused by the wording of the interrogatories ( cf. e.g. Herbert H. Post Co. v Sidney Bitterman, Inc., 219 AD2d 214, 223), and no issues were raised as to general negligence ( see McKoy v County of Westchester, 272 AD2d 307; Wahler v Lockport Physical Therapy, 275 AD2d 906, lv denied 96 NY2d 701) or res ipsa loquitur ( see Kruck v St. John's Episcopal Hosp., 228 AD2d 565) that should have been charged and submitted to the jury.