JAMES v. CITY OF NEW YORK


239 A.D.2d 560 (1997)

658 N.Y.S.2d 972

Devern James et al., Appellants, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 27, 1997


Ordered that the interlocutory judgment is affirmed, with costs to the respondent City of New York.

We do not agree with the plaintiff that a new trial on the issue of liability is warranted against all of the defendants. The trial was bifurcated, as to liability and damages, and the acts which the plaintiffs claim indicated bias on the part of the trial court occurred after the conclusion of the liability phase. Inasmuch as the trial court granted a mistrial in connection...

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