Jett v. City of New York

Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered September 1, 2015, after a jury trial, upon a verdict in favor of defendants, unanimously reversed, on the law, without costs, and the matter remanded for a new trial.

The trial court did not improvidently exercise its discretion in refusing to discharge a juror who expressed concern about continuing deliberations, in the absence of evidence that he was “unable to perform the duties of a juror” (CPLR 4106). After plaintiff’s counsel suggested “that we tell the jury to come back on Monday,” the juror agreed to return to…