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Tyler v. McClure

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 606 (N.Y. App. Div. 1951)

Opinion

January 10, 1951.

Present — Foster, P.J., Heffernan, Deyo, Bergan and Coon, JJ. [See post, p. 727.]


Appeal by the defendants in each of the above-entitled actions from an order of the trial court granting plaintiff's motion to vacate and set aside the judgment and verdict of no cause of action rendered in each case, and granting a new trial in both actions. The order setting aside the verdicts in these actions was based upon the alleged concealment and misconduct on the part of a juror in failing to disclose that his son had been involved in a fatal automobile accident. The record in this matter is such that we think the discretion of the Trial Judge should be upheld. Order unanimously affirmed, with $10 costs and disbursements.


Summaries of

Tyler v. McClure

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1951
278 App. Div. 606 (N.Y. App. Div. 1951)
Case details for

Tyler v. McClure

Case Details

Full title:KENNETH E. TYLER, as Guardian ad Litem for KENNETH A. TYLER, an Infant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 10, 1951

Citations

278 App. Div. 606 (N.Y. App. Div. 1951)