Murphy v. 16 Abingdon Square Realty Corp.

On the trial of an action to recover damages for personal injuries the verdict was for the defendant. A motion by plaintiffs for a new trial under appropriate provisions of section 549 of the Civil Practice Act .was denied. Later the plaintiffs made a motion on an affidavit and the judge’s minutes for a new trial because of the alleged misconduct of a juror, stating that the juror had incorrectly answered in the negative a general question addressed to all the jurors as to whether any one of them had ever been sued in a similar *816action. As a matter of fact this juror had been sued in a…