SIRIANO v. BETH ISRAEL HOSP.


161 Misc.2d 512 (1994)

614 N.Y.S.2d 700

Joseph Siriano et al., Plaintiffs, v. Beth Israel Hospital Center et al., Defendants. Gazetten Construction, Inc., Third-Party Plaintiff, v. Alpha Mechanical Corp. et al., Third-Party Defendants. (And Two Other Third-Party Actions.)

Supreme Court, New York County.

March 29, 1994


Attorney(s) appearing for the Case

Weitz & Luxenberg, New York City, for plaintiffs. Bower & Gardner, New York City, for Beth Israel Hospital Center. Smith, Mazure, Director, Wilkins, Young, Yagerman & Tarallo, New York City, for Gazetten Construction, Inc. Farley, Holohan, Wagner & Doman, Mineola, for Intrepid Electrical Contracting Company, Inc. Joseph C. Scibilia, Hempstead, for Intrepid Sheet Metal & Mechanical, Inc. Quirk & Bakalor, P. C., New York City, for Cord Contracting, Inc. Francis W. Turner, New York City, for Alpha Mechanical Corp.


EDWARD H. LEHNER, J.

During jury selection the six codefendants have used their peremptory challenges to excuse all nine minority venirepersons (six black1 and three Latino) who have to date been examined. Plaintiffs assert that this exclusion has been impermissibly based on race and request judicial relief.

FACTS

The plaintiff Joseph Siriano, a white of Italian...

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