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Eugene Washington, et al., Plaintiffs-Respondents v. Fausto Atenco

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 21, 2013

EUGENE WASHINGTON, ET AL., PLAINTIFFS-RESPONDENTS,
v.
FAUSTO ATENCO, ET AL., DEFENDANTS-APPELLANTS.

Washington v Atenco

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2013

Friedman, J.P., Sweeny, Renwick, Freedman, Roman, JJ.

Judgment, Supreme Court, Bronx County (Julia Rodriguez, J.), entered August 16, 2011, upon a jury verdict, in plaintiffs' favor, unanimously affirmed, without costs. Order, same court and Justice, entered January 10, 2012, which denied defendants' motion to set aside the verdict or order a new trial, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Although the court should have given a proximate cause charge, defendants failed to preserve their argument that the trial court erred in declining to charge the jury on proximate cause and to include a jury interrogatory whether the accident was a substantial factor in causing plaintiffs' injuries, since they neither raised a contemporaneous objection to the court's denial of their requests therefor nor articulated a cognizable objection after the charge was given (see CPLR 4110-b; Kroupova v Hill, 242 AD2d 218, 220 [1st Dept 1997], lv dismissed in part, denied in part 92 NY2d 1013 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2013

CLERK

20130221

© 1992-2013 VersusLaw Inc.



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