Glessner v. Lafayette Post No. 37 of American Legion

This matter was brought on by an order to show cause dated June 17,1966, signed by Hon. Joseph F. Hawkins, Supreme Court Justice, wherein it is prayed that the verdict of the jury of “No Cause of Action ”, should be set aside and a new trial granted on the grounds of bias and alleged misconduct of a juror and upon the grounds set forth in CPLR 4404.

The application is based on the affidavit of one, Marie E. Coon, who served as a juror on the trial of the action and was the sole negative vote in the 11-to-l verdict of the jury.

It is the general rule in the State of New York that affidavits of…