CPLR 4402 of the New York Consolidated Laws provides a vehicle for the court to grant a Motion for Continuance or New Trial during trial. "At any time during the trial, the court, on motion of any party, may order a continuance or a new trial in the interest of justice on such terms as may be just." (N.Y. C.P.L.R. 4402.) The motion is granted, in the discretion of the court, "when it appears that owing to some accident or surprise, defect of proof, unexpected and difficult questions of law, or like reason a trial cannot proceed without injustice to a party." (Hannon v. Dunkirk Motor Inn, Inc., 167 A.D.2d 834.)