Sanchez v. Manhattan & Bronx Surface Transit Operating Authority

—Judgment, Supreme Court, New York County (Martin Stecher, J.), entered February 11, 1993, which, after a jury trial, awarded damages of $589,000 to plaintiff Romeo Sanchez, and $200,000 to plaintiff Julia Sanchez, unanimously affirmed, without costs.

In order to submit the issue of intoxication to the jury, it is not sufficient that there be merely some evidence that the plaintiff had been drinking, or that there was " 'alcohol on breath’ ” (Arroyo v City of New York, 171 AD2d 541, 543). Here, plaintiff denied any alcohol consumption. While various witnesses noted alcohol on plaintiff’s…