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CHARLES v. FISCHER

46 N.Y.2d 753 (1978)

Dion Charles, an Infant by His Parent and Natural Guardian, Noemi Carambot, et al., Appellants, v. Adelaide Fischer, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Perry Gary Fish for appellant.

Patrick L. Wynne for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the presence in the jury room of a note written by a discharged alternate juror is, by itself, insufficient to require the setting aside of the jury's verdict as a matter of law.

Order...

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