23 JONES STREET ASSOCIATES v. BERETTA


280 A.D.2d 372 (2001)

722 N.Y.S.2d 229

23 JONES STREET ASSOCIATES, Appellant, v. JUDITH K. BERETTA, Respondent.

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

Decided February 15, 2001.


The issue at trial was whether respondent had resided in the subject apartment as her primary residence for at least two years prior to her husband's death; the jury determined that she had. Civil Court ordered a new trial upon findings that during deliberations, one of the jurors, who was an attorney, wrongly instructed the jury on the law. Appellate Term reversed, finding that the attorney-juror's reliance on his life experience and professional background, made known during...

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