Xi Yu v. New York University Medical Center

OPINION OF THE COURT

Sheri S. Roman, J.

In this action for medical malpractice, a dispute arose be*603tween counsel during the trial as to the method of replacement of a sitting juror who had become grossly unqualified to serve due to her inability to stay awake. Although both counsel consented to having this juror replaced by an alternate, the attorneys could not agree as to which of the two alternates should replace the excused juror. Specifically, defendant’s counsel moved for sequential replacement of disqualified jurors, that is, to seat as alternate juror No. 1 the first person who had…