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ROSE BAINTON v. BOARD EDUCATION CITY NEW YORK (05/29/68)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


May 29, 1968

ROSE BAINTON, AS GUARDIAN OF THE INFANT, ROBERT BAINTON, RESPONDENT,
v.
BOARD OF EDUCATION OF THE CITY OF NEW YORK, APPELLANT, ET AL., DEFENDANT

Appeal from an order of the Civil Court of the City of New York, County of Queens (Daniel E. Fitzpatrick, J.), entered September 12, 1967, which granted a motion by plaintiff for an order setting aside the verdict, which was 11 to 1 in favor of defendant, and granting a new trial, in an action for personal injuries sustained in a ball game in a summer playground supervised by defendant board.

Concur -- McDonald, P. J., Groat and Schwartzwald, JJ.

Author: Per Curiam

It is undisputed that two of the jurors made separate and unauthorized visits to the scene of the accident. This was highly improper and so inherently prejudicial as to require a new trial. The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom (People v. De Lucia, 20 N.Y.2d 275; cf. Parker v. Gladden, 385 U.S. 363).

The order should be unanimously affirmed, with $25 costs.

Order affirmed, etc.

Disposition

Order affirmed, etc.

19680529

© 1998 VersusLaw Inc.



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