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Keller v. Dratler

Supreme Court, Appellate Term, First Department
Dec 11, 1925
126 Misc. 183 (N.Y. App. Term 1925)

Opinion

December 11, 1925.

Appeal from the Municipal Court, Borough of Manhattan, Fourth District.

Samuel Kahan, for the appellant.

Solon J. Liebeskind, for the respondent.


A jury of six men having been duly impaneled, the court excused one juror for cause and directed that the case proceed with five jurors. To the latter direction the plaintiff took an exception. Although the jury was impaneled at defendant's request, the plaintiff had an equal right to a jury of six men, and the court was in error in not replacing the juror who had been excused.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, BIJUR, LEVY and CHURCHILL, JJ.


Summaries of

Keller v. Dratler

Supreme Court, Appellate Term, First Department
Dec 11, 1925
126 Misc. 183 (N.Y. App. Term 1925)
Case details for

Keller v. Dratler

Case Details

Full title:NATHAN KELLER, Appellant, v. ALBERT DRATLER, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 11, 1925

Citations

126 Misc. 183 (N.Y. App. Term 1925)
212 N.Y.S. 725