Schabe v. Hampton Bays Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*419OPINION OF THE COURT
Lazer, J. P.
Directly before us at last is the “identical five” issue — whether in a special verdict all answers approved by a five-sixths vote must have the concurrence of the identical five jurors. The appeal also presents the related question of whether a juror who has dissented from the answer to a special verdict question is bound by the answer as further questions are considered. Finally, we must decide whether it was error for the trial court to respond to the jury’s inquiry during damage assessment by explaining how the award would be affected by their earlier…
2Cases cited36 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
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- Fields v. Volkswagen of America, Inc.Supreme Court of Oklahoma · 1976
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Ferrer v. HarrisNew York Court of Appeals · 1982
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- Perkins v. KomarnyckyjArizona Supreme Court · 1992
- Sharrow v. Dick Corp.New York Court of Appeals · 1995
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