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.