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XI YU v. NY UNIV. MED. CTR.

4 Misc.3d 602 (2004)

781 N.Y.S.2d 416

XI YU, an Infant, by Her Father and Natural Guardian, ZHENPING YU, Plaintiff, v. NEW YORK UNIVERSITY MEDICAL CENTER, Defendant.

Supreme Court, Queens County.

June 3, 2004.

Attorney(s) appearing for the Case

Bower, Sanger, & Lawrence, New York City (Warren Sanger of counsel), for defendant.

Duffy, Duffy, & Burdo, Uniondale (James Wilkens of counsel), for plaintiff.

OPINION OF THE COURT

SHERI S. ROMAN, J.

In this action for medical malpractice, a dispute arose between counsel during the trial as to the method of replacement of a sitting juror who had become grossly unqualified to serve due to her inability to stay awake. Although both counsel consented to having this juror replaced by an alternate, the attorneys could not agree as to which of the two alternates should replace...

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