Opinion
2013-02-21
Eugene WASHINGTON, et al., Plaintiffs–Respondents, v. Fausto ATENCO, et al., Defendants–Appellants.
Foster & Mazzie, LLC, New York (Mario A. Batelli of counsel), for appellants. Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for respondents.
Foster & Mazzie, LLC, New York (Mario A. Batelli of counsel), for appellants. Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for respondents.
Judgment, Supreme Court, Bronx County (Julia Rodriguez, J.), entered August 16, 2011, upon a jury verdict, in plaintiffs' favor, unanimously affirmed, without costs. Order, same court and Justice, entered January 10, 2012, which denied defendants' motion to set aside the verdict or order a new trial, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Although the court should have given a proximate cause charge, defendants failed to preserve their argument that the trial court erred in declining to charge the jury on proximate cause and to include a jury interrogatory whether the accident was a substantial factor in causing plaintiffs' injuries, since they neither raised a contemporaneous objection to the court's denial of their requests therefor nor articulated a cognizable objection after the charge was given ( seeCPLR 4110–b; Kroupova v. Hill, 242 A.D.2d 218, 220, 661 N.Y.S.2d 218 [1st Dept. 1997],lv. dismissed in part, denied in part92 N.Y.2d 1013, 684 N.Y.S.2d 484, 707 N.E.2d 439 [1998] ).