Alvarez v. Beth Abraham Health Services

Defendants failed to preserve their argument that the jury’s verdict was inconsistent as to liability and culpable conduct, as they failed to raise the argument before the jury was discharged (see Barry v Manglass, 55 NY2d 803, 806 [1981]; Arrieta v Shams Waterproofing, Inc., 76 AD3d 495, 496 [1st Dept 2010]). In any event, the jury’s verdict was consistent and can be reconciled with a reasonable view of the evidence (see Martinez v New York City Tr. Auth., 41 AD3d 174, 175 [1st Dept 2007]). Further, the court’s interrogatory regarding “the skin care provided to the plaintiff’ was unambiguous…