January 6, 2022

CPLR 4106.

The trial court may substitute a regular juror with an alternate juror after deliberations have begun. The court must direct the jury to restart its deliberations from the beginning and disregard and set aside all prior deliberations. 

Caldwell v. New York City Tr. Auth., NY Slip Op 07537 (2d Dep't December 29, 2021)

Here is the decision.