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Calabrese v. Chan

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 376 (N.Y. App. Div. 1997)

Opinion

November 10, 1997

Appeal from the Supreme Court, Kings County (Aiello, J.).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff's claim that the verdict was against the weight of the evidence is without merit. It is well settled that a jury verdict will not be set aside absent a showing that the jurors could not have reached their verdict on any fair interpretation of the evidence ( Vebeliunas v. American Natl. Fire Ins. Co., 156 A.D.2d 555, 556; Nicastro v. Park, 113 A.D.2d 129, 133). A review of the evidence adduced in this case demonstrates that a fair basis existed for the verdict in the defendants' favor.

The plaintiff's failure to ask for, or object to the absence of, a "significant" or "consequential" limitation charge during the precharge conference, his failure to object to the charge as given at any time before the jury commenced deliberations, and his failure to object to the contents of the verdict sheet submitted to the jury renders any claim of error in the charge or the verdict sheet unpreserved for appellate review ( see, CPLR 4110-b; De Long v. County of Erie, 60 N.Y.2d 296, 306; Figueroa v. Waldbaum's Inc., 222 A.D.2d 483). We are not persuaded, under the circumstances of this case, that review in the exercise of our interest of justice jurisdiction is warranted.

The plaintiff's remaining contentions are without merit.

Mangano, P. J., Bracken, Altman and Goldstein, JJ., concur.


Summaries of

Calabrese v. Chan

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 376 (N.Y. App. Div. 1997)
Case details for

Calabrese v. Chan

Case Details

Full title:PAUL CALABRESE, Appellant, v. CHEUNG W. CHAN et al., Respondents

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

Date published: Nov 10, 1997

Citations

244 A.D.2d 376 (N.Y. App. Div. 1997)
665 N.Y.S.2d 541

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