Landlord Claims Juror Misconduct Led to Incorrect Decision

Facts: Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed she was tenant's wife, that she'd married him in 1992, and that she'd lived with tenant in the apartment until he died in 1995. The court ruled against landlord after a jury found that occupant was entitled to pass-on rights. Landlord then asked the court to set aside the jury verdict. Landlord claimed that one of the jurors was a lawyer, who told other jurors that there was a legal presumption that married couples lived together and that landlord had to prove otherwise. Landlord claimed that this was juror misconduct and misinformation because it was occupant's burden to prove that she lived in the apartment with tenant for at least two years before he died. Court: The court reopened the case only to have a hearing on whether the attorney juror misinformed the jury of applicable law. The court could possibly set aside the verdict if, after the hearing, it found that the jury's decision was against the weight of the evidence.

23 Jones St. Assocs. v. Keebler-Beretta: NYLJ, p. 29, col. 3 (6/26/97) (Civ. Ct. NY; Kornreich, J)