Clarke v. City of New York

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Hutcherson, J.), dated April 26, 1989, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $1,600,000.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The jury verdict in favor of the plaintiff and against the defendant cannot be sustained on the basis of general principles of respondeat superior because the evidence in the record establishes conclusively that at the time of the…