Opinion
May 4, 1998
Appeal from the Supreme Court, Orange County (Slobod, J.).
Ordered that the judgment is affirmed, with costs.
There is no merit to the plaintiffs' contention that the jury verdict, finding that the defendant's negligence was not a proximate cause of the injuries of the plaintiff Donna Alfano, is against the weight of the evidence. The verdict is supported by a fair interpretation of the evidence (see, Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746; cf., Nicastro v. Park, 113 A.D.2d 129). Moreover, the plaintiffs' contention regarding the jury instruction on proximate cause is not preserved for appellate review (see, Rupert v. Sellers, 50 N.Y.2d 881, 882-883, cert denied 449 U.S. 901).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.