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 tragic case of domestic violence perpetrated by Dennis Carney. On December 29, 1991, Doreen Ferrante (hereinafter Doreen), fled the home she...
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