Ferrante v. County of Nassau

—In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Segal, J.), entered August 20, 2001, which, upon a jury verdict, dismissed the complaint, and the defendant cross-appeals from the same judgment.

Ordered that the cross appeal by the defendant is dismissed, as the defendant is not aggrieved by the judgment (see CPLR 5511); and it is further,

Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is granted, with costs to abide the event.

This appeal arises from a…