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HARVEY v. B & H RESTAURANTS, INC.

40 A.D.3d 241 (2007)

834 N.Y.S.2d 178

NATHANIEL HARVEY, Respondent, v. B & H RESTAURANTS, INC., et al., Appellants.

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

Decided May 1, 2007.

Defendants' arguments that the trial court's response to a jury note was reversible error, that the verdict should be set aside because it was reached by less than five sixths of the eight-person jury, and that the verdict was insufficient to establish plaintiff's entitlement to damages are unpreserved (see CPLR 4017, 4110-b, 5501 [a] [3], [4]). Since plaintiff's own affidavit shows that the reduction in his draw from May...

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