BREEN-BURNS v. SCARSDALE WOODS HOMEOWNERS' ASSOCIATION INC.

2903, 18623/06

73 A.D.3d 661 (2010)

901 N.Y.S.2d 272

KELLY ANNE BREEN-BURNS, Respondent-Appellant, v. SCARSDALE WOODS HOMEOWNERS' ASSOCIATION INC. et al., Appellants-Respondents.

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

Decided May 27, 2010.


Plaintiff moved to set aside the verdict on the ground of alleged clerical error by the jury in reporting its verdict, and, alternatively, on the ground of jury confusion.

Ordinarily, jurors may not impeach their verdict once they are discharged (see Hersh v New York City Tr. Auth., 290 A.D.2d 258, 259 [2002]). In two limited circumstances, courts have permitted the use of...

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