Appellate Division of the Supreme Court of the State of New York June 20, 1977 (Waxenberg v. Goodes)

— In an action to recover damages for personal injuries, etc., defendant appeals from (1) an order of the Supreme Court, Queens County, dated January 27, 1976, which set aside a jury award of damages as inadequate and ordered a new trial on the issue of damages and (2) an order of the same court, dated March 16, 1976, which denied defendant’s motion to dismiss plaintiff Jerome Waxenberg’s