Gallegos v. Elite Model Management Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.
On this appeal, we must decide whether the trial court’s substitution of two alternate jurors in the place of two discharged jurors, after deliberations had commenced and without defendants’ consent, violated defendants’ constitutional and statutory right to a civil trial jury of six persons who deliberate on all matters. Because we find that absent the parties’ consent, the procedure employed by the court violates both the State Constitution and CPLR 4106, we vacate the damages verdict and remand for a new trial on damages only. We also reject defendants’…
2Cases cited7 opinions
- Patrowich v. Chemical BankNew York Court of Appeals · 1984
- People v. RyanNew York Court of Appeals · 1966
- People v. PageNew York Court of Appeals · 1996
- Sharrow v. Dick Corp.New York Court of Appeals · 1995
- Sabin-Goldberg v. HornAppellate Division of the Supreme Court of the State of New York · 1992
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- Corsi v. Town of BedfordAppellate Division of the Supreme Court of the State of New York · 2008
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