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 appellate review as a matter of law, we address it in the exercise of our interest of justice jurisdiction. The plaintiff and the defendant each took the stand. However, the court assumed the conduct...
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