Noyes v. Galen

—In an action to recover damages for personal injuries, etc., the defendant Robert Merrill appeals from an interlocutory judgment of the Supreme Court, Suffolk County (Dunn, J.), entered September 23, 1998, which, upon the granting of the plaintiffs’ application made at the close of evidence for judgment as a matter of law on the issue of liability, is in favor of the plaintiffs and against him.

Ordered that the interlocutory judgment is reversed, on the law, the plaintiffs’ application for judgment as a matter of law on the issue of liability is denied, and a new trial is granted, with costs…