Indeed, a verdict is not deemed perfected until it is pronounced and recorded in open court (see id. ; Kitenberg v. Gulmatico, 143 A.D.3d 947, 949, 40 N.Y.S.3d 459 ), and such verdict may not be properly recorded without a jury poll where one has been sought (see CPLR 4112 ; Duffy v. Vogel, 12 N.Y.3d at 174, 878 N.Y.S.2d 246, 905 N.E.2d 1175 ; Warner v. New York Cent. R.R. Co., 52 N.Y. 437, 442 ). A failure to honor a party's request to poll each of the jurors may never be deemed harmless error (seeDuffy v. Vogel, 12 N.Y.3d at 175, 878 N.Y.S.2d 246, 905 N.E.2d 1175 ), and mandates reversal and a new trial (seeHolstein v. Community General Hosp. of Greater Syracuse, 20 N.Y.3d 892, 893, 956 N.Y.S.2d 475, 980 N.E.2d 523 ; Duffy v. Vogel, 12 N.Y.3d at 175, 878 N.Y.S.2d 246, 905 N.E.2d 1175 ; Garcia v. Rosario, 192 A.D.3d 538, 140 N.Y.S.3d 705 ). Here, the defendants were deprived of the constitutional and statutory right to a civil jury trial of six persons who deliberate on all matters, and the right to poll each of the jurors whose votes were counted as part of the verdict announced in open court.
Indeed, a verdict is not deemed perfected until it is pronounced and recorded in open court (see id.; Kitenberg v Gulmatico, 143 A.D.3d 947, 949), and such verdict may not be properly recorded without a jury poll where one has been sought (see CPLR 4112; Duffy v Vogel, 12 N.Y.3d at 174; Warner v New York Cent. R.R. Co., 52 NY 437, 442). A failure to honor a party's request to poll each of the jurors may never be deemed harmless error (see Duffy v Vogel, 12 N.Y.3d at 175), and mandates reversal and a new trial (see Holstein v Community General Hosp. of Greater Syracuse, 20 N.Y.3d 892, 893; Duffy v Vogel, 12 N.Y.3d at 175; Garcia v Rosario, 192 A.D.3d 538). Here, the defendants were deprived of the constitutional and statutory right to a civil jury trial of six persons who deliberate on all matters, and the right to poll each of the jurors whose votes were counted as part of the verdict announced in open court.