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HERSH v. NEW YORK CITY TRANSIT AUTHORITY

290 A.D.2d 258 (2002)

735 N.Y.S.2d 527

MILDRED HERSH, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants. MILDRED HERSH, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided January 8, 2002.

While defendants are correct that, after a jury is discharged, jurors may not impeach their verdict (see, Sharrow v Dick Corp., 86 N.Y.2d 54, 60-61), "[a] special verdict is not inviolate and may be set aside under certain circumstances" such as where the verdict is the demonstrable result of juror confusion (Wingate v Long Is. R.R., 95 A.D.2d 671, 672). Here, the record establishes that...

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