Court of Appeals of New York

Following a jury verdict in favor of the plaintiff in her malpractice suit against the hospital, appellate division's denial of the hospital's motion to set aside the verdict is affirmed, where although a party has an absolute right to poll the jury and a court's denial of that right mandates reversal and a new trial, it was not unreasonable for the trial court to conclude that the request had been withdrawn or waived in light of the nature of counsel's response to the judge's inquiry.

Appellate Information

• Decided 11/20/2012
• Published 11/20/2012

Judges

Court

• Court of Appeals of New York

Counsel