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Bethea v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 380 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the appeal of the plaintiff Rose Bethea is dismissed since she is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

In light of, inter alia, the court's charge, the interrogatories that instructed the jury to consider periods of time that it should not have considered, and the inconsistency of the verdict, the Supreme Court properly set aside the verdict and directed a new trial on the issues of liability and damages (see, e.g., CPLR 4111 [c]; 4404 [a]; Micallef v. Miehle Co., 39 N.Y.2d 376, 380-381; Vera v. Bielomatik Corp., 199 A.D.2d 132; Nicastro v Park, 113 A.D.2d 129, 131-132). O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.


Summaries of

Bethea v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 380 (N.Y. App. Div. 1996)
Case details for

Bethea v. Marcus

Case Details

Full title:NORMAN BETHEA et al., Appellants, v. STEPHEN MARCUS et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 1996

Citations

224 A.D.2d 380 (N.Y. App. Div. 1996)
638 N.Y.S.2d 318