Charles v. Fischer — 46 N.Y.2d 753

Majority

p. 753

Dion Charles, an Infant by His Parent and Natural Guardian, Noemi Carambot, et al., Appellants, v Adelaide Fischer, Respondent.

Argued October 27,1978;

decided December 7, 1978

p. 754

APPEARANCES OF COUNSEL

Perry Gary Fish for appellant.

p. 755

Patrick L. Wynne for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the presence in the jury room of a noté written by a discharged alternate juror is, by itself, insufficient to require the setting aside of the jury’s verdict as a matter of law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.