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HAVENS v. NEW YORK CITY TRANSIT AUTHORITY

20 A.D.3d 391 (2005)

798 N.Y.S.2d 140

LEONARD HAVENS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

July 5, 2005.

Ordered that the order is affirmed, with costs.

Where a deliberating jury requests information but indicates, before the court is able to respond to the request, that it has reached a verdict, the court should ordinarily ascertain from the jurors, before accepting the verdict, that they no longer require the information they had requested (see Fagiola v Jonassen, 173 A.D.2d 590 [1991]; Silverstein v Manhattan & Bronx...

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