Truran v. Otis Elevator Co.

Appellate Division of the Supreme Court of New York

Truran v. Otis Elevator Co.

192 A.D.2d 598, 596 N.Y.S.2d 736, 1993 N.Y. App. Div. LEXIS 3631

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

DecidedApril 12, 1993

StatusPublished

Cited by1 cases

This text of 192 A.D.2d 598 (Truran v. Otis Elevator Co.) 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

Truran v. Otis Elevator Co., 192 A.D.2d 598, 596 N.Y.S.2d 736, 1993 N.Y. App. Div. LEXIS 3631 (N.Y. Ct. App. 1993).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.), entered November 16, 1990, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff contends that error in the court’s charge concerning circumstantial evidence and res ipsa loquitur deprived her of a fair trial. We disagree. Read as a whole, the charge adequately communicated to the jury the legal principles necessary for resolving the issues raised at trial (see, Bartlett v General Elec. Co., 90 AD2d 183, 186; Brown v Village Mobil Serv. Sta., 167 AD2d 158; Schmeider v Montefiore Hosp. & Med. Ctr., 122 AD2d 735). Lawrence, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.), entered November 16, 1990, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff contends that error in the court’s charge concerning circumstantial evidence and res ipsa loquitur deprived her of a fair trial. We disagree. Read as a whole, the charge adequately communicated to the jury the legal principles necessary for resolving the issues raised at trial (see, Bartlett v General Elec. Co., 90 AD2d 183, 186; Brown v Village Mobil Serv. Sta., 167 AD2d 158; Schmeider v Montefiore Hosp. & Med. Ctr., 122 AD2d 735). Lawrence, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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Bluebook (online)

192 A.D.2d 598, 596 N.Y.S.2d 736, 1993 N.Y. App. Div. LEXIS 3631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truran-v-otis-elevator-co-nyappdiv-1993.

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