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Tanya Knitwear (PVT), Ltd. v. Young Stuff Apparel Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2004
12 A.D.3d 258 (N.Y. App. Div. 2004)

Opinion

4656

November 18, 2004.

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered June 19, 2003, which, after a jury trial, awarded plaintiffs the principal sum of $90,669.30, unanimously affirmed, with costs.

Before: Buckley, P.J., Nardelli, Saxe, Sullivan and Gonzalez, JJ.


After the jury rendered its verdict, plaintiffs declined an opportunity to poll the jurors and ask questions. They also failed to make any motion prior to the dismissal of the jury. An objection to a jury verdict must be raised before the jury is dismissed, or else the issue is unpreserved for appellate review ( Barry v. Manglass, 55 NY2d 803). Were we to review plaintiffs' contention, we would find that the award of damages was neither inconsistent nor compromised, and could have been reached by a fair interpretation of the evidence ( Cohen v. Hallmark Cards, 45 NY2d 493).


Summaries of

Tanya Knitwear (PVT), Ltd. v. Young Stuff Apparel Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2004
12 A.D.3d 258 (N.Y. App. Div. 2004)
Case details for

Tanya Knitwear (PVT), Ltd. v. Young Stuff Apparel Group, Inc.

Case Details

Full title:TANYA KNITWEAR (PVT), LTD., et al., Appellants, v. YOUNG STUFF APPAREL…

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

Date published: Nov 18, 2004

Citations

12 A.D.3d 258 (N.Y. App. Div. 2004)
784 N.Y.S.2d 366

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