Opinion
April 26, 1971
In a consolidated action to recover damages for personal injuries, defendant John Benante, administrator of the estate of Fred Benante, appeals from so much of an order of the Supreme Court, Kings County, dated November 23, 1970, as directed that plaintiffs have judgment against said appellant pursuant to a jury verdict limited to the issue of liability, and directed that the action be set down for an assessment of damages against him. Order, insofar as appealed from, reversed on the law and in the interests of justice; and, as between plaintiffs and appellant, action severed and new trial ordered with costs to appellant to abide the event. In our opinion, there was such a paucity of evidence adduced as to the manner in which the accident happened as to require a new trial in the interests of justice. Latham, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.