MARINO v. COUNTY OF ERIE


258 A.D.2d 941 (1999)

685 N.Y.S.2d 537

STEPHEN A. MARINO, Respondent, v. COUNTY OF ERIE, Appellant, et al., Defendant. (Appeal No. 2.)

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

Decided February 10, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion to set aside the jury verdict of no cause of action and granted a new trial on the ground that the verdict was tainted by an outside influence. At the hearing on the motion, the foreperson testified that he viewed the accident scene during the trial and compared his observations at the accident scene with the evidence presented by the parties. The foreperson...

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