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GAVITT v. CITNALTA CONSTRUCTION CORPORATION

33 A.D.3d 406 (2006)

821 N.Y.S.2d 766

FREDERICK GAVITT et al., Appellants, v. CITNALTA CONSTRUCTION CORPORATION et al., Respondents, et al., Defendants.

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

Decided October 12, 2006.

The jury found that the unsafe condition of the workplace was not the result of negligence on the part of defendants Citnalta and NYCTA, and they did not violate Industrial Code (12 NYCRR) § 23-1.8 (a) by failing to provide eye protection suitable for the hazardous work performed.

Plaintiffs' assertion that the verdict was irreconcilably inconsistent is unpreserved since they failed to raise this issue before the court discharged the jury (see Barry v Manglass...

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