Opinion
2001-06520
Argued May 30, 2002.
September 18, 2002.
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered June 28, 2001, which, upon a jury verdict, dismissed the complaint.
Graham Stephens, Flushing, N.Y. (Sherry S. Laird of counsel), for appellants.
Sawits, Andreotta, Nashak, Bianchino Frank, Melville, N.Y. (Michael G. Nashack of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
The plaintiffs' contention that the jury verdict was inconsistent is unpreserved for appellate review (see Clements v. Lindsey, 237 A.D.2d 557). In any event, the jury verdict finding that the defendant driver was negligent but that his negligence was not a proximate cause of the accident is consistent with the evidence elicited at trial (see Schaefer v. Guddemi, 182 A.D.2d 808; Rubin v. Pecoraro, 141 A.D.2d 525). In addition, the verdict was not against the weight of the evidence (see Nicastro v. Park, 113 A.D.2d 129).
The plaintiffs' remaining contentions are either unpreserved for appellate review or without merit.
O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.