Opinion
December 17, 1996.
Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about March 21, 1995, which set aside a verdict apportioning liability equally between the parties and awarding damages, and directed a new trial on liability and damages, unanimously affirmed, without costs.
Before: Rosenberger, J.P., Ellerin, Rubin and Tom, JJ.
Upon review of the record, we are persuaded that the egregious misconduct of defense counsel precluded the jury from considering closely contested issues "`in the calm and untrammelled spirit necessary to effect justice'"( Schaffer v Kurpis, 177 AD2d 379, 380, quoting Kamen Soap Prods. Co. v Prusansky Prusansky, 11 AD2d 676), and otherwise deprived plaintiff of a fair trial.