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MEJIA v. COLEMAN

168 A.D.2d 245 (1990)

Leopoldo R. Mejia, Appellant-Respondent, v. Asa Coleman et al., Respondents-Appellants, and Leonidas Vasquez, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 6, 1990

Trial Term properly declined defendant Coleman's request to charge PJI 2:85, "Motorist's Duty Re Maintenance — To Passenger", and PJI 2:14, "Emergency Situation", since no evidence was adduced to support these charges. With respect to a motorist's duty to his passenger, defendant offered no evidence to establish that the accident was caused by a mechanical defect (see, Gordon v State of New York,

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