Bonasera v. Town of Islip

In an action to recover damages for personal injuries, the defendant third-party plaintiff Town of Islip appeals (1), by permission, from an order of the Supreme Court, Suffolk County (Catterson, J.), dated May 17, 2004, which, upon the plaintiffs motion, inter alia, pursuant to CPLR 4404 to set aside a jury verdict on the issue of liability in its favor and for judgment as *526a matter of law, sua sponte, declared a mistrial pursuant to Judiciary Law § 21, and directed that the matter be reassigned to another justice, and (2), as limited by its brief, from so much of an order of the same court…