Legal Opinion

Garcia v. Brooklyn Hospital

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 2000Published

1Opinion of the Court

—In a medical malpractice action, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Barasch, J.), entered October 23, 1998, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff alleges that despite the trial court’s efforts to prevent the jury from learning of the death of defense counsel’s mother, one of the jurors approached defense counsel outside *387the courtroom and expressed his condolences. This conversation allegedly occurred before summation and allegedly…

2Cases cited7 opinions

  1. People v. BrownNew York Court of Appeals · 1979
  2. People v. De LuciaNew York Court of Appeals · 1967
  3. Alford v. SventekNew York Court of Appeals · 1981
  4. Taylor v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. LoliscioAppellate Division of the Supreme Court of the State of New York · 1993

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