Landlord Claims Jury Misconduct Warrants New Trial

March 1, 2001

LVT Number: 14797

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. After a jury trial, the court ruled for occupant. Landlord asked the court to set aside the verdict, claming jury misconduct. The court ruled for landlord, finding that one of the jurors was an attorney who instructed the jury on the law. Tenant appealed and won. Landlord appealed. The appeals court ruled against landlord. The jurors stated that the attorney's statements didn't influence them. And the attorney was only stating his understanding of the law.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. After a jury trial, the court ruled for occupant. Landlord asked the court to set aside the verdict, claming jury misconduct. The court ruled for landlord, finding that one of the jurors was an attorney who instructed the jury on the law. Tenant appealed and won. Landlord appealed. The appeals court ruled against landlord. The jurors stated that the attorney's statements didn't influence them. And the attorney was only stating his understanding of the law. The jury had been properly instructed by the court on how to view the evidence presented at the trial.

23 Jones St. Assocs. v. Beretta: NYLJ, 2/20/01, p. 24, col. 2 (App. Div.1 Dept.; Mazzarelli, JP, Andrias, Lerner, Saxe, Buckley, JJ)

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