Boyd v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

Boyd v. Manhattan & Bronx Surface Transit Operating Authority

33 A.D.3d 545, 827 N.Y.S.2d 3

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 2006

StatusPublished

This text of 33 A.D.3d 545 (Boyd v. Manhattan & Bronx Surface Transit Operating Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyd v. Manhattan & Bronx Surface Transit Operating Authority, 33 A.D.3d 545, 827 N.Y.S.2d 3 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 8, 2005, after a jury trial, awarding plaintiff the principal sum of $450,000 for past and future pain and suffering, plus interest in the amount of $665.75, unanimously modified, on the law, the award of interest vacated and the matter remanded to the Clerk of Bronx County with directions to recompute interest at the rate of 3% per annum against both defendants, and otherwise affirmed, without costs.

Taken as a whole, the court’s charge to the jury met the appropriate standard that defendants were required to use reasonable care under all the circumstances in the maintenance of the bus (Bethel v New York City Tr. Auth., 92 NY2d 348 [1998]; Bell v New York City Tr. Auth., 21 AD3d 299 [2005], lv dismissed 6 NY3d 770 [2006]).

To the extent that the judgment included interest at the rate of 9% instead of 3%, the matter should be remanded (Public Authorities Law § 1212 [6]; § 1203-a [6]; Klos v New York City Tr. Auth., 240 AD2d 635 [1997], lv dismissed 91 NY2d 885 [1998]; Miller v Manhattan & Bronx Surface Tr. Operating Auth., 120 AD2d 471 [1986]). Concur—Mazzarelli, J.P., Saxe, Marlow, Sullivan and Williams, JJ.

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Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 8, 2005, after a jury trial, awarding plaintiff the principal sum of $450,000 for past and future pain and suffering, plus interest in the amount of $665.75, unanimously modified, on the law, the award of interest vacated and the matter remanded to the Clerk of Bronx County with directions to recompute interest at the rate of 3% per annum against both defendants, and otherwise affirmed, without costs.

Taken as a whole, the court’s charge to the jury met the appropriate standard that defendants were required to use reasonable care under all the circumstances in the maintenance of the bus (Bethel v New York City Tr. Auth., 92 NY2d 348 [1998]; Bell v New York City Tr. Auth., 21 AD3d 299 [2005], lv dismissed 6 NY3d 770 [2006]).

To the extent that the judgment included interest at the rate of 9% instead of 3%, the matter should be remanded (Public Authorities Law § 1212 [6]; § 1203-a [6]; Klos v New York City Tr. Auth., 240 AD2d 635 [1997], lv dismissed 91 NY2d 885 [1998]; Miller v Manhattan & Bronx Surface Tr. Operating Auth., 120 AD2d 471 [1986]). Concur—Mazzarelli, J.P., Saxe, Marlow, Sullivan and Williams, JJ.

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Bluebook (online)

33 A.D.3d 545, 827 N.Y.S.2d 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-manhattan-bronx-surface-transit-operating-authority-nyappdiv-2006.

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