Brown v. Moodie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed, on the law, and as a matter of discretion, without costs, and new trial granted. Memorandum: In this action for damages sustained by plaintiffs in attempting to escape from a fire in apartments owned by defendant, a reversal and new trial are made necessary by the court’s in camera discussion with the forewoman of the jury (juror), without the presence or knowledge of counsel. After the jury had deliberated for a few hours, it directed a note of inquiry to the court. In response the Trial Judge invited the juror into chambers and held an extensive discussion…
2Cases cited6 opinions
- DiGrazia v. CastronovaAppellate Division of the Supreme Court of the State of New York · 1975
- Jones v. S. T. Palay Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Linke v. SavageAppellate Division of the Supreme Court of the State of New York · 1972
- Silverman v. New Rochelle HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Tompkins v. R. B. D. Land Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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3Cited by2 opinions
- Maione v. PindyckAppellate Division of the Supreme Court of the State of New York · 2006
- Helton v. HirschmanAppellate Division of the Supreme Court of the State of New York · 2005