Fahey v. South Nassau Communities Hospital

Motion for an order setting aside the verdict of the jury in favor of the defendant and for a new trial.

The basis of the motion is that the Justice presiding at the trial was not available during the deliberations of the" jury for the reading of certain testimony and portions of the charge to the jury and that the verdict was thereafter rendered without the benefit of such reading.

The case was submitted to the jury at about 12:30 p.m., on January 12, 1950. At 4:20 p.m., the court summoned the two lawyers and stated that the court was ordering a sealed verdict to be opened on the following…