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Inconsistent Responses to Special-Verdict Interrogatories Required Resubmission to the Jury or a New Trial

The First Department determined the trial judge, faced with inconsistent answers to the special verdict interrogatories, should have either resubmitted the interrogatories or ordered a new trial:

The jury’s responses to the second and third interrogatories are not only in direct conflict with one another, but puzzling given the jury charge. The trial court instructed the jury that “if you find all of the agreed-upon services have been performed, then the [p]laintiff is entitled to recover the fee agreed upon or such part of that fee as you find remains unpaid.” In light of these instructions, the jury’s finding that defendant is obligated to pay plaintiff, even though plaintiff did not perform its obligations under the contract, is “logically impossible” …. .As the verdict was inconsistent, pursuant to CPLR 4111(c), the court was obligated to either resubmit the interrogatories to the jury or order a new trial … . The trial court “engaged in improper speculation as to the jury’s thought process” by attempting to reconcile the jury’s answers with the evidence …, based upon a theory that was not part of the jury’s findings. … The trial court should have required the jury to reconsider the interrogatories or order a new trial, even though defense counsel did not request, on the record, that the verdict be resubmitted to the jury… . Bellinson Law, LLC v Iannucci, 2014 NY Slip Op 02219, 1st Dept 4-1-14

 

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