Legal Opinion

Lumley v. Liberty Lines Express, Inc.

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

Decided February 2, 1993Published

1Opinion of the Court

— Judgment, Supreme Court, New York County (Thomas A. Stander, J.), entered June 2, 1991, which, after a jury trial on the issue of liability only, awarded defendants judgment dismissing the complaint, unanimously affirmed, without costs.

The plaintiff was not entitled, as a matter of law, to a charge that the defendant bus company had a safety rule which may have been violated, particularly in the absence of any limitation of the requested charge by reference to the applicable standard of care (see, Clarke v New York City Tr. Auth., 174 AD2d 268, 276). In any event, error, if any, was…

2Cases cited3 opinions

  1. Clarke v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  2. Osnato v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
  3. Stabler v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1989

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