New York Court of Appeals

Lyndon P. Sharrow, Respondent v. Dick Corporation, Defendants and Third-Party Plaintiffs-Respondents; G & H…

June 14, 199586 N.Y.2d 54

Summary

The New York Court of Appeals held that the trial court erred by refusing to conduct a limited inquiry into whether juror No. 5 participated in all deliberations, violating the constitutional right to a six‑member jury. Accordingly, the appellate division's order was reversed, the judgment vacated, and a new trial was ordered.