Opinion
2003-06797.
December 13, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Ponterio, J.), dated June 18, 2003, which, upon a jury verdict, is in favor of the defendants and against them, dismissing the complaint.
Before: Smith, J.P., Luciano, Crane and Rivera, JJ., concur.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiffs' contentions, the verdict was not against the weight of the evidence. A jury verdict in favor of a defendant should not be set aside unless "the jury could not have reached its verdict on any fair interpretation of the evidence" ( Delgado v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Greenburgh Mt. Pleasant, 65 AD2d 547, affd 48 NY2d 643; see Hersh v. Diekmann, 264 AD2d 815, 816; Nicastro v. Park, 113 AD2d 129, 134). A fair basis existed for the verdict in the defendants' favor.
The plaintiffs' contentions concerning alleged defects in the jury charge and the verdict sheet are unpreserved for appellate review ( see CPLR 4017, 4110-b, 5501 [a] [3]; De Long v. County of Erie, 60 NY2d 296, 306; Laboda v. VJV Dev. Corp., 296 AD2d 441; Surjnarine v. Brathwaite, 290 AD2d 436; Schmidt v. Buffalo Gen. Hosp., 278 AD2d 827, 828). In any event, the errors, if any, were not so fundamental in nature as to warrant a new trial ( see Schmidt v. Buffalo Gen. Hosp., supra; Pagnella v. Action for a Better Community, 57 AD2d 1076; cf. Caceres v. New York City Health Hosps. Corp., 74 AD2d 619, 620).