In this action to recover damages for personal injuries sustained at a Long Island roller rink, the Appellate Division, Second Department, in accordance with the Horn Appellate Group’s arguments on appeal, reversed and ordered a new trial in the interest of justice based upon the misconduct of court personnel, reasoning that “[b]y offering opinions and/or explanations on the meaning of the legal concepts at issue in the trial, the clerk impermissibly interfered in the jury’s deliberations and usurped the role of the court to, in consultation with counsel, instruct the jurors on the law applicable to the facts.”
