Capo v. Desmond

In a negligence action to recover damages for personal injuries, the plaintiffs appeal from an order of the County Court, Suffolk County (Dounias, J.), dated March 13, 1986, which denied their motion to set aside the verdict which was in favor of the defendants on the issue of liability, and for a new trial.

Ordered that the order is modified by deleting the provision thereof which denied that branch of the motion which was to set aside the verdict in favor of defendants Desmond and against the plaintiffs on the issue of liability and for a new trial of the action insofar as it pertains to…