N.Y. Civil Practice Law & Rules § 4110-c: Trial jury; viewing of premises

§ 4110-c. Trial jury; viewing of premises. 1. When during the course

of a trial the court is of the opinion that a viewing or observation by

the jury of the premises or place where alleged injuries to person or

property were sustained in an accident or occurrence claimed to have

been the cause thereof or of any other premises or place involved in the

case will be helpful to the jury in determining any material factual

issue, it may in its discretion, at any time before the commencement of

the summations, order that the jury be conducted to such premises or

place for such purpose in accordance with the provisions of this

section.

2. In such case, the jury must be kept together throughout under the

supervision of an appropriate public servant or servants appointed by

the court, and the court itself must be present throughout. The parties

to the action and counsel for them may as a matter of right be present

throughout, but such right may be waived.

3. The purpose of such an inspection is solely to permit visual

observation by the jury of the premises or place in question and neither

the court, the parties, counsel nor the jurors may engage in discussion

or argumentation concerning the significance or implications of anything

under observation or concerning any issue in the case.