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CALDWELL v. NYC TR. AUTH.

2019-04372. Index No. 10012/14.

203 A.D.3d 6 (2021)

161 N.Y.S.3d 179

2021 NY Slip Op 07537

SHANA CALDWELL, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel; Lawrence Heisler , former of counsel on the brief), for appellants.

Subin Associates, LLP, New York City ( Herbert Subin and Pollack, Pollack, Isaac & DeCicco, LLP [ Brian J. Isaac ] of counsel), for respondent.

CHAMBERS, J.P., MILLER and IANNACCI, JJ., concur.

OPINION OF THE COURT

I.

On this appeal, we address whether the 2013 amendments to CPLR 4106, which changed the statute to allow trial courts to substitute a regular juror with an alternate juror even after deliberations have begun, may be reconciled with the constitutional right to a trial by...

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