Legal Opinion

Levinson v. Zipkin

Appellate Terms of the Supreme Court of New York

Decided November 15, 1909PublishedCited by 3 opinions

Appeal by defendant from a judgment of the City Court of the city of New York, entered upon the verdict of a jury in favor of the plaintiff.

1Opinion of the CourtSeabury, J.

Upon this appeal it is necessary to discuss hut one aspect of the case. A new trial must he ordered because the verdict of the jury was not freely and voluntarily rendered. After the jury had retired for deliberation, they returned to the court-room and the court aslced: “Is there any possibility of agreeing ? ” To this question the foreman of the jury answered: “ Hone whatever.” The court then inquired if there was anything that the court could say upon the law of the case that would help or aid them in reaching a verdict. “ If you are far apart,” continued the court, “ on the facts of the…

2Cases cited1 opinion

  1. Green v. TelfairNew York Supreme Court · 1853

3Cited by3 opinions

  1. Wilkins v. AbbeyNew York Supreme Court · 1938
  2. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1941
  3. Fisk Rubber Co. v. Times Square Automobile Co.Appellate Terms of the Supreme Court of New York · 1909

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