Joel Halwick, an Infant, by Mary E. Du Bois, His Mother, et al., Appellants, v. Rose Di Donna et al., Defendants, and Elizabeth Merwin, as Administratrix of the Estate of George E. Merwin, Jr., Deceased, Respondent

Joel Halwick, an Infant, by Mary E. Du Bois, His Mother, et al., Appellants, v. Rose Di Donna et al., Defendants, and Elizabeth Merwin, as Administratrix of the Estate of George E. Merwin, Jr., Deceased, Respondent. [MAJORITY] Appeal from a resettled judgment of the Supreme Court, Ulster County, entered upon a jury verdict dismissing appellants’ complaint against the respondent. In a companion appeal we have reversed so much of the instant judgment as was entered on the jury’s verdict against the defendants Di Donna and ordered a new trial. In light of that decision so much of the judgment as dismissed the complaint against respondent must be reversed and a new trial ordered in the interests of justice (Cregar v. McDonald, 28 A D 2d 1142). Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered, with costs to abide the event. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.