Ordered that the judgment is reversed, on the law and as a matter of discretion, without costs or disbursements, the application is denied, and the complaint is reinstated.
The record amply supports the court's determination that the plaintiff engaged in deliberate misconduct by approaching jurors in a courthouse restroom during a recess in the trial and making an improper appeal to their sympathy. Nevertheless, while the imposition of an appropriate sanction may...
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