Ordered that the judgment entered May 5, 2008 is reversed, on the law, so much of the interlocutory judgment dated March 6, 2008, as was in favor of the plaintiffs and against the appellant on the issue of liability is vacated, the plaintiffs' motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability insofar as asserted against the appellant is denied, and the matter is remitted to the Supreme Court, Queens County, for a new unified trial on the...
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