GROSS v. FONTANO


206 A.D.2d 505 (1994)

615 N.Y.S.2d 279

Edward A. Gross, Appellant, v. Richard Fontano et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 25, 1994


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 A.D.2d 557). In any event, the verdict was not inconsistent (see, Barry v Manglass, 55 N.Y.2d 803

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