Beltz v. City of Buffalo
Beltz v. City of Buffalo
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs (90 AD2d 955).
After commencing deliberations in this personal injury action, the jury returned to the courtroom and announced a verdict of “five hundred thousand dollars for personal suffering, disability and future medical expenses for Jerome (the infant plaintiff) and negligence on behalf of the defendants of three hundred fifty thousand dollars”. It also reported a verdict for the infant’s father on the derivative cause of action. Defense counsel objected to entry of the verdict, claiming that the infant’s verdict was “inconsistent” and excessive, that the jury’s confusion could not be
In view of counsels’ failure to preserve their objections to the procedure adopted by the court and to its supplemental instructions by appropriate exceptions or requests, no legal error is presented. The jury’s subsequent verdict of $850,000 was properly received and judgment entered thereon.
We have considered defendants’ other points and to the extent they have been preserved for our review, we find them without merit.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.