152 Misc. 382 | N.Y. Sup. Ct. | 1934
This is a motion to set aside a verdict rendered by a jury in favor of the plaintiffs and granting the defendants a new trial because of a certain alleged irregularity in the conduct of one of the court officers in conversing with the jury while they were
I do not think that the facts warrant the granting of a new trial. The charge of alleged improper conversation between the officer and the jury does not impress me as having merit. I am of the opinion that the use of a juror’s affidavit on a motion of this kind is improper as it tends to impeach the verdict of the jury of which this juror was a member. Nevertheless, for the sake of discussion and taking the affidavit for what it is worth, I find that it utterly fails to show that the alleged irregularities complained of influenced the verdict of the jury in any way.
Furthermore, I am inclined to believe the court officer, and such statements which he has admitted making do not in any sense constitute harmful error which warrant the court disturbing the verdict rendered by the jury.