Opinion
March 9, 1999
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
Plaintiff waived her right to a six-person jury by expressly consenting to the use of a 12-person jury, and we perceive no public policy invalidating such a waiver ( cf., Arizmendi v. City of New York, 56 N.Y.2d 753). Plaintiff's claim that the court should have instructed the jury on "significant disfigurement" is unpreserved for appellate review since she did not request such instruction, did not object to the charge as given and did not object to the contents of the verdict sheet submitted to the jury (CPLR 4110-b; Calabrese v. Chan, 244 A.D.2d 376). In any event, a review of the record reveals that plaintiff presented no evidence, of significant disfigurement.
Concur — Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.