LESSER v. MABSTOA


157 A.D.2d 352 (1990)

Arthur Lesser, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

May 24, 1990


Attorney(s) appearing for the Case

Lawrence Epstein of counsel (John Corcos Levy, attorney), for respondent.

Steve S. Efron of counsel (Albert C. Cosenza, attorney), for appellant.

SULLIVAN, J. P., and CARRO, J., concur with SMITH, J.; MILONAS and ROSENBERGER, JJ., dissent in a separate opinion by ROSENBERGER, J.


SMITH, J.

This is an action for negligence growing out of the plaintiff's fall on the steps of a bus as he was getting off during a snowstorm. Because the trial court permitted the introduction into evidence and consideration by the jury of an operation manual used by the defendant and because the court failed to give an adequate charge on constructive notice, we reverse, and direct a new trial.

The...

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