Waldman v. Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*117OPINION OF THE COURT
Spatt, J.
In a civil case, a verdict rendered by a jury consisting of fewer than six jurors is a nullity in the absence of consent by all parties.
I
This medical malpractice suit arises from the defendants’ alleged negligent treatment of the 27-year-old, childless plaintiff for a cancerous cyst on her ovary resulting in a total hysterectomy. The trial lasted in excess of three weeks. Unfortunately, the six-person jury had only two alternate jurors who were both excused during the course of the trial.* On April 9, 1984, the morning of summations and charge, one of the…
2Cases cited26 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- In re the Accounting of RafteryNew York Court of Appeals · 1956
- Hartgraves v. Don Cartage Co.Illinois Supreme Court · 1976
- Davison v. KlaessNew York Court of Appeals · 1939
- Schabe v. Hampton Bays Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by21 opinions
- Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.Court of Appeals for the Second Circuit · 2014
- Sharrow v. Dick Corp.New York Court of Appeals · 1995
- People v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1988
- Linarello v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Orange Steel Erectors, Inc. v. Newburgh Steel Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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