SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 12, 1969
PASQUALE GUARNERI, RESPONDENT,
CARLOS DE C. ALOVEIRO, APPELLANT
Appeal from order of the Supreme Court, Kings County, dated August 22, 1968, dismissed, with costs.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
An order denying a motion to set aside a jury verdict in favor of a plaintiff upon a trial limited to the issue of liability is not appealable (Fortgang v. Chase Manhattan Bank, 29 A.D.2d 41, 43). However we have considered the merits of appellant's contentions and, if we were not required to dismiss the appeal, we would affirm the order.
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