BURTCH v. SHAH


230 A.D.2d 223 (1997)

661 N.Y.S.2d 118

Linda Burtch et al., Appellants, v. Suresh S. Shah, Respondent

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

April 25, 1997


Attorney(s) appearing for the Case

Richard A. Hickey, Getzville, for appellants.

Damon & Morey, Buffalo (Patrick Curran of counsel), for respondent.

GREEN, J. P., CALLAHAN, DOERR and BOEHM, JJ., concur.


LAWTON, J.

The trial in this medical malpractice action ended with a verdict (5-1) of no cause of action in favor of defendant after approximately two days of jury deliberations. Fifteen days later two of the jurors provided affidavits to plaintiffs' counsel stating that a court attendant named "Joe" was taking luncheon orders when the foreperson was writing a note to advise the Trial Judge of the jury's inability...

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