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LEWIS v. NEW YORK CITY TR. AUTH.

8622, 101833/07.

100 A.D.3d 554 (2012)

ERNEST LEWIS et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

November 27, 2012.

The trial court providently exercised its discretion in charging the jury as to the common carrier's duty when a passenger is disabled (PJI 2:162), which asked the jury to consider plaintiff's infancy, to the extent that the driver knew or should have known of it. The charge took into account the existing circumstances and did not create a higher duty of care (see Bethel v New York City Tr. Auth., 92 N.Y...

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