Fagiola v. Jonassen

In an action to recover damages for medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Kutner, J.), dated March 14, 1989, which, upon a jury verdict, is in favor of the defendants dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

After the jurors had begun their deliberations, several notes were sent by the foreperson of the jury to the trial court. The plaintiffs’ attorney did not request that the jurors be instructed to suspend their deliberations until after a response to these notes had been formulated, nor did the…