STEWART v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


30 A.D.3d 283 (2006)

817 N.Y.S.2d 51

MARY ELIZABETH STEWART, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants.

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

June 20, 2006.


Plaintiff was hit by defendants' bus and taken to the hospital, where her blood chemistry was taken, generating, among other things, a toxicology report showing a high level of alcohol intoxication. At the end of the toxicology report, beneath the data, the following appears: "comment: specimen analysis was performed without chain-of-custody. These results are to be used for clinical evaluation only (and not for any legal or employment evaluative purposes). Confirmation testing...

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