Opinion
04-13-2017
IGS REALTY CO., L.P., Plaintiff–Respondent, v. James H. BRADY, Defendant–Appellant.
James H. Brady, appellant pro se. Goldsmith & Fass, New York (Robert N. Fass of counsel), for respondent.
James H. Brady, appellant pro se.
Goldsmith & Fass, New York (Robert N. Fass of counsel), for respondent.
ANDRIAS, J.P., KAPNICK, WEBBER, KAHN, JJ.
Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about August 25, 2015, which, to the extent appealed from as limited by the briefs, denied the branch of defendant's motion that sought to set aside the jury verdict in plaintiff's favor and to award judgment in his favor or order a new trial, unanimously affirmed, without costs.
The motion court properly denied defendant's posttrial motion (see CPLR 4404 ). Defendant failed to preserve for appellate review his challenges regarding the jury charges and the verdict sheet interrogatories, because at trial he never objected to the charges or to the verdict sheet (Ganaj v. New York City Health & Hosps. Corp., 130 A.D.3d 536, 12 N.Y.S.3d 886 [1st Dept.2015] ; CPLR 4110–b, 4111[b] ).
The jury's verdict was not against the weight of the evidence (Killon v. Parrotta, 28 N.Y.3d 101, 107, 42 N.Y.S.3d 70, 65 N.E.3d 41 [2016] ). Nor was the verdict against public policy. The leases entered into by defendant's corporations were not illegal contracts (see McConnell v. Commonwealth Pictures Corp., 7 N.Y.2d 465, 469, 199 N.Y.S.2d 483, 166 N.E.2d 494 [1960] ). Plaintiff did not lease the premises for an illegal use, nor were the leases procured through any criminal acts (id. ).
We have considered defendant's remaining arguments and find them unavailing.