Hersh v. New York City Transit Authority

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about June 8, 2001, which, to the *259extent appealed from as limited by the brief, granted plaintiffs motion to set aside the verdict insofar as to order a new trial on the issue of damages only, unanimously affirmed, without costs. Such trial shall commence forthwith. Appeal from order, same court and Justice, entered January 22, 2001, which denied plaintiffs motion for summary judgment on the issue of liability, unanimously dismissed, without costs, as moot.

While defendants are correct that, after a jury is discharged,…