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GINYARD v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

191 A.D.2d 332 (1993)

595 N.Y.S.2d 314

Leola Ginyard, Individually and as Mother and Natural Guardian of Shawndell Ginyard, an Infant, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent

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

March 18, 1993

The IAS Court properly declined to charge the jury pursuant to the Pattern Jury Instructions regarding a common carrier's duty to a passenger (PJI 2:160 et seq.), since it is clear plaintiff infant was a pedestrian, not a passenger.

The issue concerning the court's charge dealing with proximate cause has not been properly preserved for our review (McCummings v New York City Tr. Auth., 177 A...

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