Troutman v. 957 Nassau Road, LLC

In an action to recover damages for wrongful death, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Spinola, J.), entered June 13, 2008, which, upon a *673jury verdict on the issue of liability in favor of the defendants and against them, is in favor of the defendants and against them, in effect, dismissing the complaint.

Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of liability,…