SENA v. NEGRON


38 A.D.3d 516 (2007)

832 N.Y.S.2d 236

ROSA P. SENA et al., Respondents-Appellants, v. YVONNE NEGRON et al., Respondents. (Action No. 1.) IVONNELIE NEGRON et al., Plaintiffs, v. ROSA P. SENA et al., Defendants. (Action No. 2.) JAMIE JEREZ, Appellant-Respondent, v. YVONNE NEGRON et al., Respondents, and ROSA P. SENA et al., Respondents-Appellants. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 6, 2007.


Ordered that the cross appeal by Rosa P. Sena and Elner Sena from the judgment dated September 15, 2005, is dismissed, as they were not aggrieved by the judgment cross-appealed from (see CPLR 5511); and it is further,

Ordered that the judgments are reversed insofar as appealed from, on the law, the motion of the plaintiff in action No. 3 pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence and for a new trial is granted,...

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