Massachusetts Superior Court October 18, 1994, No. 90-4717 (Collins v. Town of Hudson)

McHugh, J.

Pending before the court are two motions, one by the plaintiff for a new trial and the other *44by defendant for costs and expenses. Both motions are, for the following reasons, DENIED.

I. Motion for a New Trial

The case did not proceed to judgment because I declared a mistrial and discharged the jury.