Waxenberg v. Goodes

— In an action to recover damages for personal injuries, etc., defendant appeals from (1) an order of the Supreme Court, Queens County, dated January 27, 1976, which set aside a jury award of damages as inadequate and ordered a new trial on the issue of damages and (2) an order of the same court, dated March 16, 1976, which denied defendant’s motion to dismiss plaintiff Jerome Waxenberg’s derivative cause of action. Order dated March 16, 1976 reversed, on the law, without costs or disbursements, and plaintiff Jerome Waxenberg’s derivative cause of action is dismissed. Order dated January 27,…