WIENER v. DAVIDSON


61 A.D.2d 1030 (1978)

Goldie Wiener et al., Respondents, v. Samuel Davidson et al., Doing Business as Thelma Realty Co., Appellants

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

March 20, 1978


Order reversed and verdict reinstated, with costs.

There was no instance of juror misconduct that required that the jury verdict be set aside. When questioned on voir dire whether she knew the plaintiff David Wiener, juror Rolnick truthfully responded in the negative. It was not until several days into the trial that she thought she recognized him and so stated to the other jurors. If Ms. Rolnick's statements to the other jurors that she possibly recognized...

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