Carolan v. Altruda
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The court after a trial gave this ease to the jury at 12:15 p.m. At 3:00 p.m. the jury had read to it in the courtroom some of the testimony and obtained certain exhibits and retired to deliberate at 3:22. About an hour later, at 4:20 the jury sent a note to the court stating it was not possible to agree. At 4:25 the Judge sent a message to the jury telling them.to deliberate further; and at 4:32 the jury returned a verdict for defendant, 10 to 2.
This was set aside by the Judge because he was of opinion it was “physically impossible for this jury to have agreed as a result of any mature…
2Cases cited2 opinions
- Wilkins v. AbbeyNew York Supreme Court · 1938
- Alper Blouse Co. v. E. E. Connor & Co.New York Court of Appeals · 1955
3Cited by4 opinions
- Young v. Tops Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Burtch v. ShahAppellate Division of the Supreme Court of the State of New York · 1997
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 1992
- Stewart v. OdrichAppellate Division of the Supreme Court of the State of New York · 2009