LUIS ALCANTARA, plf-ap, v. ERIC W. KNIGHT, def-res, TMCC, def

13560-13561. LUIS ALCANTARA, plf-ap, v. ERIC W. KNIGHT, def-res, TMCC, def — Pollack Pollack Isaac & De Cicco, LLP, New York (Michael H. Zhu of counsel), for ap — White Fleischner & Fino, LLP, New York (Nancy Davis Lyness of counsel), for res — Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered August 13, 2013, bringing up for review an order, same court and Justice, entered August 6, 2013, which denied plaintiff’s motion to set aside the jury verdict as inconsistent and for a new trial, and granted defendant’s cross motion to enter a complete defense verdict and reduce the damages awarded to plaintiff to zero, unanimously affirmed, without costs. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The verdict sheet in this personal injury action instructed the jurors to determine (1) whether defendant was negligent, and (2) if so, whether defendant’s negligence was a substantial factor in causing plaintiff’s injuries. The jurors found that defendant was negligent, but that his negligence was not a substantial factor in causing plaintiff’s injury. The verdict sheet instructed that if the jurors answered the second question in the negative, they should cease deliberations and report their verdict. The jurors, however, continued deliberating and determined that plaintiff was also negligent; that plaintiff’s negligence was a substantial factor in causing his own injury; that plaintiff was 95 percent at fault, and defendant was 5 percent at fault; and that plaintiff was entitled to $200,000 in damages.