Opinion
No. 3329.
April 10, 2008.
Judgment, Supreme Court, New York County (Faviola Soto, J.), entered October 13, 2006, after a jury trial, in defendant's favor, unanimously affirmed, without costs.
Thomas Torto, New York, for appellant.
Wallace Gossett, Brooklyn (Lawrence Heisler of counsel), for respondent.
Before: Mazzarelli, J.P., Andrias, Gonzalez and Acosta, JJ.
Plaintiff's argument that the verdict was irreconcilably inconsistent is unpreserved, since this issue was not raised prior to discharge of the jury ( see Martinez v New York City Tr. Auth., 41 AD3d 174). Moreover, this matter does not present a situation where the questions of negligence and proximate cause are inextricably interwoven ( see Dwight v New York City Tr. Auth., 30 AD3d 270, lv denied 7 NY3d 711). The jury's determination that defendant's negligence was not a substantial factor in causing plaintiff's injury was not inconsistent or against the weight of the evidence ( see id.). Finally, the trial court properly rejected plaintiff's attempt to impeach the jury's verdict by the posttrial submission of affidavits from two of its members ( see Sharrow v Dick Corp., 86 NY2d 54, 60-61).