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VARANO v. FORBA HOLDINGS, LLC

2011-2128

42 Misc.3d 303 (2013)

974 N.Y.S.2d 913

2013 NY Slip Op 23383

KELLY VARANO, as Parent and Natural Guardian of JEREMY BOHN, an Infant, Plaintiff, v. FORBA HOLDINGS, LLC, Now Known as CHURCH STREET HEALTH MANAGEMENT, LLC, et al., Defendants.

Supreme Court, Onondaga County.

Decided September 16, 2013.

Attorney(s) appearing for the Case

Hackerman Frankel, PC., Houston, Texas ( Richard Frankel of counsel), for plaintiff.

Smith, Sovik, Kendrick & Sugnet, PC., Syracuse ( Kevin E. HuIslander of counsel), for FORBA Holdings, LLC, now known as Church Street Health Management, LLC and others, defendants. O'Connor, O'Connor, Bresee & First, PC., Albany ( Dennis A. First of counsel), for FORBA, LLC, now known as LICSAC, LLC and others, defendants. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Albany ( Theresa B. Marangas of counsel), for Naveed Aman, D.D.S. and others, defendants.

OPINION OF THE COURT

DEBORAH H. KARALUNAS, J.

This constitutes the court's decision concerning the issue of third-party juror contact and the motion of plaintiff Jeremy Bohn for a new trial.

I. Background

On October 9, 2013, a six-person jury delivered a unanimous defense verdict in this matter after a 15-day trial. Immediately after the verdict, the jurors disclosed to the court that they believed they had been stalked throughout...

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