Roth v. Ettinger

Full title: RAYMOND ROTH et al., Appellants, v. JACQUES ETTINGER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1998

251 A.D.2d 644 (N.Y. App. Div. 1998)

676 N.Y.S.2d 478

Opinion

June 29, 1998

Appeal from the Supreme Court, Kings County (Shaw, J.).

Ordered that the judgment is affirmed, with costs.

The jury's verdict, which found that the defendants were negligent, but that their negligence was not a proximate cause of the damages alleged, is not inconsistent and is supported by a fair interpretation of the evidence ( see, Keegan v. Prout, 215 A.D.2d 629; see also, Nicastro v. Park, 113 A.D.2d 129, 134).

The plaintiffs' remaining contention is without merit.

Rosenblatt, J. P., O'Brien, Ritter and Krausman, JJ., concur.