Defendants' arguments as to why a mistrial should have been declared as to the jury's liability and compensatory damages determinations are not properly before the Appellate Division. In their motion papers before Supreme Court, defendants expressly limited their motion to events and issues that arose after the first phase of the trial had concluded. However, defendants' brief on appeal focus on matters that either arose during the trial or have been addressed in motion practice that also is not at issue on this appeal.
Rosenthal v. Sperling, NY Slip Op 05996 (1st Dep't November 21, 2023)
