Opinion
March 8, 1996
Appeal from the Supreme Court, Onondaga County, Murphy, J.
Present — Denman, P.J., Lawton, Wesley, Doerr and Balio, JJ.
Judgment unanimously affirmed without costs. Memorandum: Plaintiffs failed to preserve for our review their argument that the jury instruction on proximate cause erroneously implied that there could be only one proximate cause of plaintiff Gayle J. Franklin's injuries ( see, Liebgott v City of New York, 213 A.D.2d 606; Frasier v McIlduff, 161 A.D.2d 856, 859-860). Plaintiffs failed to object to the jury instruction, and indeed, argued on summation that the accident was the only cause of the alleged injuries, while defendants argued that the alleged injuries were exaggerated. This case does not present a "close issue of proximate cause" that might otherwise warrant the exercise of our discretion to reverse ( Capicchioni v Morrissey, 205 A.D.2d 959, 961).