Navara v. M. Witmark & Sons

This is a motion by plaintiff brought

under section 552 of the Civil Practice Act to set aside the unanimous verdict of the jury upon the grounds (1) that it was improper for the court reporter to go to the juryroom and read the court’s answer to the jury’s request for further instruction allegedly without first obtaining the “express consent” of plaintiff’s attorney; and (2) the impropriety of the court reporter then dictating the court’s answer, aloud in the presence of all the jury, to a member of the jury who took it down in shorthand, at the request of the foreman.

The action was brought…