TOMASZEWSKI v. SEEWALDT (2004)

Plaintiffs commenced this action to recover damages for injuries sustained by their daughter when she was bitten by a dog owned by Velma Seewaldt (defendant).   Because the jury returned a verdict against defendant only and thus she alone is aggrieved thereby, the appeal insofar as taken by the remaining defendants is dismissed (see CPLR 5511).   Defendant did not move for a directed verdict on the ground now raised on appeal and thus failed to preserve for our review her present contention concerning the alleged legal insufficiency of the evidence against her (see Smith v. M.V. Woods Constr. Co., 309 A.D.2d 1155, 1157, 764 N.Y.S.2d 749;  Givens v. Rochester City School Dist., 294 A.D.2d 898, 899, 741 N.Y.S.2d 635;  Olchovy v. L.M.V. Leasing, 182 A.D.2d 745, 746, 582 N.Y.S.2d 764).   Furthermore, defendant's contentions regarding the testimony of an animal control officer are not preserved for our review (see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985, 609 N.Y.S.2d 745).

It is hereby ORDERED that said appeal insofar as taken by defendants Charles Seewaldt and Joanne Seewaldt be and the same hereby is unanimously dismissed and the judgment is affirmed without costs.

MEMORANDUM: