Opinion
March 3, 1986
Appeal from the Supreme Court, Westchester County (Burchell, J.).
Judgment affirmed, with costs.
On the basis of this record, it cannot be said that the jury verdict was against the weight of the evidence. A jury verdict may not be set aside on this ground unless it could not have been reached on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).
In addition, the plaintiff cannot claim on appeal that it was error for the trial court not to instruct the jury on the doctrine of res ipsa loquitur, since she did not request such a charge at the trial, nor did she object at that time to the trial court's failure to so charge (see, CPLR 4110-b; Kalin v. Robert Catino, Inc., 20 A.D.2d 549). Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.