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MURPHY v. SHERMAN TRANSFER CO.

62 Misc.2d 960 (1970)

Margaret Murphy et al., Respondents, v. Roger Sherman Transfer Company et al., Appellants.

Supreme Court, Appellate Term, First Department.

April 15, 1970

Attorney(s) appearing for the Case

Gurahian, Bein & Campbell (John Nielsen of counsel), for appellants. O'Dwyer & Bernstein (Howard N. Meyer and John Byrne of counsel), for respondents.

Concur — MARKOWITZ, J. P., LUPIANO and QUINN, JJ.

Per Curiam.

A 10 to 2 verdict is involved in this negligence case. On this record, no valid general verdict was recorded in favor of the plaintiffs (see CPLR 4111, 4113). Upon the report of the verdict and subsequent pollings, only 9 of the individual jurors agreed as to the unit of liability and damages. The pollings reveal that 2 jurors "split" their votes thereon, i.e., one of them found defendants not negligent...

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