Bell v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), dated October 18, 1997, which, upon a jury verdict, is in favor of the defendant and against her, dismissing the complaint.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

We agree with the plaintiff that the trial court’s submission of an intoxication charge (see, PJI 2:20) to the jury in this case was erroneous, since the evidence clearly was inadequate to support such an instruction (see,…