Notable Second Department Decisions

In Troutman v. 957 Nassau Rd., LLC, the Court reversed and remanded for a new trial based on the trial court's error in dismissing a juror who had informed the court that she knew one of the witnesses who was going to testify, but would still be able to be fair.  The Court held that because there was no evidece the juror envinced any bias, the trial court should have denied the defendant's application to dismiss the juror and replace her with an alternate.   

In a case of first impression, the Second Department held in McCabe v. Dutchess County, that a child may not assert a claim against his foster parent for negligent supervision.