Pavlou v. City of New York

Saxe, J. (dissenting).

The responsibility of a trial judge to the fair administration of justice is never more focused and important that in those situations where a jury’s verdict demonstrates, on its face, that a fundamental error has infected the verdict. In those circumstances, it is the responsibility of the judge to take charge of the situation, consult with counsel, mark the returned jury verdict sheet as a court exhibit, reinstruct the jury if necessary, supply to the jury a corrected verdict sheet if that is an appropriate corrective measure, and require the jury to continue the…