Opinion
2000-11241
Argued January 7, 2002.
January 28, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Schmidt, J.), entered October 31, 2000, which, after a jury trial, dismissed the complaint.
Zawisny Zawisny, P.C., Brooklyn, N.Y. (Mark T. Zawisny of counsel), for appellant.
Gould, Feeley Cimino, New York, N.Y. (Eugene Guarneri of counsel), for defendants third-party plaintiffs-respondents.
Michael F. X. Manning (Carol R. Finocchio, New York, N.Y. [Lisa M. Comeau] of counsel), for third-party defendant-respondent West New York Restoration, Inc.
Sobel, Ross, Fliegel Suss, New York, N.Y. (Sherwin A. Suss and Slavko Ristich of counsel), for third-party defendant-respondent Westchester Exterior Restoration, Inc.
Before: MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed, with costs.
The plaintiff's contentions regarding the bifurcated trial and the admission of his medical records are unpreserved for appellate review (see, CPLR 5501[a]; Sanchez v. Kato, Inc., 115 A.D.2d 646; Meyers v. Fifth Ave. Bldg. Assoc., 90 A.D.2d 824; Isaacson v. Karpe, 84 A.D.2d 868; Darwak v. Benedictine Hosp., 247 A.D.2d 771), and we decline to reach these issues in the exercise of our interest of justice jurisdiction.
The contention that the trial court did not adequately respond to an inquiry from the jury is unpreserved for appellate review and, in any event, is meritless. It is clear from the record that the jury was satisfied with the portions of the record which were read back to it (see, People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847; cf., People v. Gezzo, 307 N.Y. 385; People v. Cooke, 292 N.Y. 185).
ALTMAN, J.P., FEUERSTEIN, O'BRIEN and H. MILLER, JJ., concur.