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ALVAREZ v. BETH ABRAHAM HEALTH SERVS.

8904, 7124/05.

101 A.D.3d 647 (2012)

955 N.Y.S.2d 872

2012 NY Slip Op 9174

GUALBERT ALVAREZ, Respondent, v. BETH ABRAHAM HEALTH SERVICES et al., Appellants.

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

December 27, 2012.

Defendants failed to preserve their argument that the jury's verdict was inconsistent as to liability and culpable conduct, as they failed to raise the argument before the jury was discharged (see Barry v Manglass, 55 N.Y.2d 803, 806 [1981]; Arrieta v Shams Waterproofing, Inc., 76 A.D.3d 495, 496 [1st Dept 2010]). In any event, the jury's verdict was consistent and can be reconciled with...

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