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SCHABE v. HAMPTON BAYS

103 A.D.2d 418 (1984)

Jennifer Schabe, an Infant, et al., Respondents, v. Hampton Bays Union Free School District et al., Appellants, et al., Defendants

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

October 1, 1984

Attorney(s) appearing for the Case

O'Brien, McGarry, Murtagh & Mayr (James M. O'Brien and Kevin J. Murtagh of counsel), for appellants.

Cordes & Tonetti (John F. Cordes, Jr., of counsel), for respondents.

GIBBONS, WEINSTEIN and BOYERS, JJ., concur.

LAZER, J. P.

Directly before us at last is the "identical five" issue — whether in a special verdict all answers approved by a five-sixths vote must have the concurrence of the identical five jurors. The appeal also presents the related question of whether a juror who has dissented from the answer to a special verdict question is bound by the answer as further questions are considered. Finally, we must...

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