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FRANK v. CITY OF NEW YORK

6752, 26099/02.

161 A.D.3d 713 (2018)

74 N.Y.S.3d 492

2018 NY Slip Op 03922

Ian Frank, Appellant, v. City of New York, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2018.

Since plaintiff appealed only from the order denying his CPLR 4404 motion to set aside the verdict (rather than from a judgment), he has irretrievably waived arguments not raised therein, including his arguments that the jury verdict was inconsistent, and that the trial court erred in barring plaintiff from seeing to recover lost earnings (see CPLR 5515 [1]; City of Mount Vernon v Mount Vernon Hous. Auth., 235 A.D.2d 516,...

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