Pereira's contention that a new trial is warranted because the jury had the complaint, which was not in evidence, while deliberating is unavailing. "[D]elivery of papers to the jury not in evidence ... avoids the verdict unless the matters contained therein are not prejudicial or if it appears that they were not read by any of the jury" (Guntzer v Healy, 176 App Div 543, 544 [1st Dept 1917]; see Alford v Sventek,
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ATKINS v. METRONOME EVENTS, INC.
650203/14. Appeal No. 11973. Case No. 2019-05493.
187 A.D.3d 429 (2020)
132 N.Y.S.3d 15
2020 NY Slip Op 05444
Robert Atkins, Respondent, v. Metronome Events, Inc., Doing Business as Providence NYC, et al., Defendants, and Robert Pereira, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 6, 2020.
Decided October 6, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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