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GALLEGOS v. ELITE MODEL MGT.

28 A.D.3d 50 (2005)

807 N.Y.S.2d 44

VICTORIA GALLEGOS, Respondent, v. ELITE MODEL MANAGEMENT CORPORATION et al., Defendants, and GERALD MARIE et al., Appellants.

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

December 29, 2005.

Attorney(s) appearing for the Case

Hoguet Newman & Regal, LLP, New York City (Joshua D. Rievman and Sarah K. Barickman of counsel), for Gerald Marie and Mary Ann D'Angelico, appellants.

Salans, New York City (Peter J. Gallagher and Paul C. Gunther of counsel), for Monique Pillard, appellant.

Beldock, Levine & Hoffman, LLP, New York City (Robert L. Herbst and Spencer Freedman of counsel), for respondent.

Mazzarelli, J.P., Saxe, Ellerin and Catterson, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

On this appeal, we must decide whether the trial court's substitution of two alternate jurors in the place of two discharged jurors, after deliberations had commenced and without defendants' consent, violated defendants' constitutional and statutory right to a civil trial jury of six persons who deliberate on all matters. Because we find that absent the parties' consent, the...

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