Opinion
November 30, 1999
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 8, 1998 which, inter alia, denied plaintiff's motion to set aside the jury verdict in this personal injury action, unanimously affirmed, without costs.
Stephen R. Krawitz, for Plaintiff-Appellant.
Montgomery Lee Effinger, for Defendants-Respondents.
SULLIVAN, J.P., NARDELLI, MAZZARELLI, WALLACH, FRIEDMAN, JJ.
The jury verdict was not against the weight of the evidence (see,Pena v. New York City Tr. Auth., 185 A.D.2d 794), and, accordingly, plaintiff's motion to set it aside was properly denied. There was ample basis for the jury to conclude fairly that, although plaintiff had been in a serious accident and was unable to work for a time, he was not deserving of an award for pain and suffering. Plaintiff's claim of inconsistency of the verdict is unpreserved (Grzesiak v. Gen. Elec. Co., 68 N.Y.2d 937).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.