Majority
p. 938[715 NE2d 504, 693 NYS2d 502] Susan Elkins et al., Appellants, v Jonathan Ferencz, Respondent. Argued May 5, 1999; decided June 3, 1999
p. 939
APPEARANCES OF COUNSEL
Seligson, Rothman & Rothman, New York City (Martin S. Rothman, David B. Bowman and Alyne I. Diamond of counsel), for appellants.
Mauro & Goldberg, Great Neck (Caryn L. Lilling and Kenneth Mauro of counsel), for respondent.
OPINION OF THE COURT
Order reversed, with costs, and case remitted to the Appellate Division, First Department, for consideration and resolution of all other issues within its plenary intermediate appellate authority. The evidence, when viewed in the light most favorable to the plaintiff, is legally sufficient to support the jury’s verdict.
Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt.