AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

JOAN E. STRAUSS et al., Appellants, v. CAROLYN L. HUBER et al., Defendants, and COUNTY OF WESTCHESTER, Respondent and Third-Party Plaintiff, et al., Third-Party Defendant.

Ordered that the judgment is affirmed, with costs to the respondent payable by the appellants.

The plaintiffs Joan E. Strauss and Ralph Strauss argue that a new trial is warranted because the jury's findings were inconsistent. We disagree.

Objections to a verdict on the ground of inconsistency must be raised before the jury is discharged, at which time corrective action may be taken by resubmitting the matter to the jury (see, Barry v. Manglass, 55 N.Y.2d 803, 806; Marine Midland Bank v. Russo Produce Co., 50 N.Y.2d 31; Alamia v. Medical Center, 119 A.D.2d 711; Britez v. National Car Rental, 111 A.D.2d 205). Because the claim of inconsistency was not raised in the instant case until after the jury was discharged, the plaintiffs must be deemed to have waived this objection.

We also find that the jury's findings were not against the weight of the evidence, as they were supported by a fair interpretation of the evidence (Sheps v. Hall Co., 112 A.D.2d 281, 283; see also, Baum v. Fox Chrysler, Plymouth, Dodge, 132 A.D.2d 788; Nicastro v. Park, 113 A.D.2d 129; O'Boyle v. Avis Rent-A-Car Sys., 78 A.D.2d 431). Kunzeman, J.P., Rubin, Eiber and Miller, JJ., concur.

Use AI to get other relevant cases.

Comments

STRAUSS v. HUBER
(May 14, 1990)