Potaznick v. City of New York

Murphy, P. J., and Ross, J.,

dissent in a memorandum by Ross, J., as

follows: The jury instructions as rendered by the trial court were adequate under the circumstances and conveyed to the triers of fact the appropriate standards to be applied. When viewing the charge as a whole, it sufficiently instructs the jury that the applicable test to be employed is the “reasonable prudent man” standard. As the majority of this court notes, the plaintiff failed to object to these instructions nor did she request a charge on “momentary forgetfulness”. However, the trial court did inform the jury that this…