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UHER v. TOYS R. US

Appellate Division of the Supreme Court of New York, Second Department.
Mar 25, 2002

ORDERED that the judgment is affirmed, with costs.

The plaintiffs' contention that the jury verdict should be set aside as inconsistent is unpreserved for appellate review, since they did not raise that issue before the jury was discharged (see Barry v. Manglass, 55 N.Y.2d 803, 806; Clements v. Lindsey, 237 A.D.2d 557).

The plaintiffs' remaining contentions are without merit.

SANTUCCI, J.P., FLORIO, O'BRIEN and SCHMIDT, JJ., concur.