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BELL v. CITY OF NEW YORK

256 A.D.2d 290 (1998)

681 N.Y.S.2d 307

BARBARA BELL, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 7, 1998.

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, e.g., Vetere v Garcia, 211 A.D.2d 631; Sanchez v Manhattan & Bronx Surface Tr...

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