Russo v. Pollack

— In a medical malpractice action, plaintiffs appeal (1) from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered January 3,1980, which is in favor of defendant, after a jury trial, and (2) from an order of the same court, entered August 13, 1980, which denied their motion to set aside the judgment. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial granted, with costs to abide the event. Appeal from the order dismissed, as academic, in light of the determination on the appeal from the judgment. Defendant, in the course of…