Opinion
2001-02722
Argued June 13, 2002.
August 5, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hubsher, J.), dated February 27, 2001, which denied their motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendants and against them on the issue of liability.
Charles Berkman (Ephrem Wertenteil, New York, N.Y. of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
The jury determination that the defendants were negligent, but that their negligence was not a proximate cause of the accident, was not inconsistent (see Campbell v. Crimi, 267 A.D.2d 343; Gomez v. Park Donuts, 249 A.D.2d 266; Miglino v. Supermarkets Gen. Corp., 243 A.D.2d 451, 452). In addition, the verdict was supported by a fair interpretation of the evidence (see Nicastro v. Park, 113 A.D.2d 129, 134).
The plaintiffs' remaining contentions are without merit.
O'BRIEN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.