Legal Opinion

Breen-Burns v. Scarsdale Woods Homeowners' Ass'n

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

Decided May 27, 2010PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered November 30, 2009, which, in this slip and fall personal injury action, granted plaintiffs motion to set aside the verdict to the extent of ordering a new trial on damages, unanimously reversed, on the law, without costs, the motion denied and the verdict reinstated.

*662Plaintiff moved to set aside the verdict on the ground of alleged clerical error by the jury in reporting its verdict, and, alternatively, on the ground of jury confusion.

Ordinarily, jurors may not impeach their verdict once they are discharged (see Hersh v New York…

2Cases cited5 opinions

  1. Barry v. ManglassNew York Court of Appeals · 1981
  2. Moisakis v. Allied Building Products Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Buggs v. Veterans Butter & Egg Co.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Arizmendi v. City of New YorkNew York Court of Appeals · 1982
  5. Hersh v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by1 opinion

  1. BUTTERFIELD, KELLEY v. CAPUTO, M.D., JAMES R.Appellate Division of the Supreme Court of the State of New York · 2013

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