MAIELLO v. JOHNSON


18 N.Y.2d 826 (1966)

Carolyn Maiello, an Infant, by Her Guardian ad Litem, Joseph Maiello, et al., Respondents, v. David W. Johnson et al., Appellants.

Court of Appeals of the State of New York.

Decided October 27, 1966.


Attorney(s) appearing for the Case

Clayton T. Bardwell for appellants.

James F. Carroll, John Serbalik and J. Raymond Amyot for respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Dissent: Judge KEATING.


Order modified, without costs, by adding a direction that there be a new trial as to both plaintiffs. Reasonably construed in a situation like this, CPLR 4110 (b) requires a new trial when it is learned after the trial that either the injured plaintiff, or her parent who sues as her guardian ad litem as well as in his own right, is related to a juror within the sixth degree.

Judge KEATING dissents and votes to affirm in the following memorandum: While...

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