Sefaradi v. Assil

— In an action, inter alia, for specific performance of a contract for the sale of a cooperative apartment, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Queens County (LeVine, J.), dated September 13, 1989, which, after a nonjury trial, awarded the plaintiff specific performance.

Ordered that the order and judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is granted, before a different Justice, with costs to abide the event.

Although the defendant’s claim that he was denied a fair trial was not preserved for…