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BERNARD v. SEYOPP CORP.

11 A.D.2d 140 (1960)

Blanche Bernard, Respondent, v. Seyopp Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 5, 1960.

Attorney(s) appearing for the Case

Dominick R. Santomenna of counsel (Merchant, Olena, Buck & Santomenna, attorneys), for appellants.

Arthur D. Spatt of counsel (Milton H. Reuben with him on the brief), for respondent.

RABIN, J. P., VALENTE and BERGAN, JJ., concur in Memorandum; McNALLY, J., dissents and votes to reverse and grant a new trial in opinion.

MEMORANDUM BY THE COURT.

Judgment affirmed, with costs to the respondent. The events leading to the final rendition of the verdict do not require that we set it aside. The object of a poll is to ascertain the real intention of the jury. The poll here taken indicated some confusion. Until a jury is finally discharged the court may instruct it as to the manner in which it could correct a verdict if improperly announced...

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