Ordered that the judgments are reversed, as a matter of discretion in the interests of justice, without costs or disbursements, and a new trial is granted on the issue of damages only.
At the conclusion of the liability phase of this bifurcated trial, the appellant's counsel moved to discharge the jury and to set down a future date for the damages phase of the trial. The counsel explained to the court that no note of issue or certificate of readiness had been filed...
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