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AVILA v. CITY OF NEW YORK

1628, 401719/04

73 A.D.3d 444 (2010)

901 N.Y.S.2d 23

DESTINY GONZALEZ AVILA et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided May 6, 2010.

Several hours after the jury commenced deliberations in this medical malpractice case, juror number three, the only female on the jury, ran out of the jury room stating, "I'm not going back there again. . . . I'm starting to physically fight and I'm not going to be in the room." A court officer took the juror to the robing room and instructed the remaining jurors to cease deliberations. Upon learning of the incident, the trial judge, after consulting with both counsel and...

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