JOHNSON v. WHITE

2010-05569.

85 A.D.3d 977 (2011)

925 N.Y.S.2d 857

2011 NY Slip Op 5458

CHRISTOPHER JOHNSON, Appellant, v. JEFFREY WHITE, Respondent.

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

Decided June 21, 2011.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly permitted the issue of intoxication to be raised at trial. The evidence of the plaintiff's intoxication consisted of a police officer's personal observations of the plaintiff about an hour before the subject accident and testimony by the plaintiff's companion as to drinks the plaintiff consumed in the hours leading up to the accident. Such evidence...

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