SANCHEZ v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


203 A.D.2d 128 (1994)

610 N.Y.S.2d 507

Romeo Sanchez et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

April 19, 1994


In order to submit the issue of intoxication to the jury, it is not sufficient that there be merely some evidence that the plaintiff had been drinking, or that there was "`alcohol on breath'" (Arroyo v City of New York, 171 A.D.2d 541, 543). Here, plaintiff denied any alcohol consumption. While various witnesses noted alcohol on plaintiff's breath, this observation, standing alone, as noted, does not warrant the giving of an intoxication...

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