Legal Opinion

Gross v. Fontano

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 1994PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., arising from negligence, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Floyd, J.), dated October 26, 1992, which denied his motion to set aside a jury verdict in favor of the defendants.

Ordered that the order is affirmed, with costs.

The plaintiff, by failing to object to the verdict as inconsistent before the jury was discharged, did not preserve that argument for appellate review (see, e.g., Barone v City of Mount Vernon, 170 AD2d 557). In any event, the verdict was not inconsistent (see, Barry v…

2Cases cited2 opinions

  1. Barry v. ManglassNew York Court of Appeals · 1981
  2. Barone v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Bendersky v. M & O Enterprises Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  2. DeRosa v. KaaliAppellate Division of the Supreme Court of the State of New York · 1997
  3. Disla v. DHL Airways, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Reese v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002
  5. Kordasiewicz v. BuchholzAppellate Division of the Supreme Court of the State of New York · 1997

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