NAVARA v. WITMARK & SONS


17 Misc.2d 171 (1959)

Leon Navara, Plaintiff, v. M. Witmark & Sons et al., Defendants.

Supreme Court, Special Term, New York County.

March 26, 1959.


Attorney(s) appearing for the Case

Leon Navara, plaintiff in person.

R. W. Perkins for M. Witmark & Sons and another, defendants.

Lewis A. Dreyer for Dimitri Tiomkin, defendant.

O'Brien, Driscoll & Raftery for Wayne Fellows Productions, Inc., defendant.

I. Jack London for Ned Washington, defendant.


THOMAS A. AURELIO, J.

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...

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