Knox v. Piccorelli

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered January 4, 2010, after a jury trial in an action alleging medical malpractice, dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to preserve his claim that the verdict was inconsistent (see Arriela v Shams Waterproofing, Inc., 76 AD3d 495, 496 [2010]; see Lowenstein v Normandy Group, LLC, 51 AD3d 517, 518 [2008]). The fact that plaintiff argued that the verdict was against the weight of the evidence is of no moment, because he may not avoid the consequence of his failure to preserve his…