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George McInnis, Respondent, v. Carmelo De Jesus et al., Appellants

New York Supreme Court, Appellate Division1996-11-12
233 A.D.2d 152649 N.Y.S.2d 786

Authorities cited

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Opinion

majority opinion

—Judgment, Supreme Court, Bronx County (Frank Diaz, J., and a jury), entered August 3, 1995, awarding plaintiff damages against defendants in a personal injury action, unanimously affirmed, without costs.

Defendants waived their claim that a new trial is required because of the nonparticipation of one of the jurors on all of the issues, having failed to raise any objection in the trial court (Arizmendi v City of New York, 56 NY2d 753). Concur— Sullivan, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.