Appellate Division of the Supreme Court of New York, 1993

Truran v. Otis Elevator Co.

Truran v. Otis Elevator Co.
Appellate Division of the Supreme Court of New York · Decided April 12, 1993
192 A.D.2d 598; 596 N.Y.S.2d 736; 1993 N.Y. App. Div. LEXIS 3631
Truran v. Otis Elevator Co.

Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Dickinson, J.), entered November 16, 1990, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff contends that error in the court’s charge concerning circumstantial evidence and res ipsa loquitur deprived her of a fair trial. We disagree. Read as a whole, the charge adequately communicated to the jury the legal principles necessary for resolving the issues raised at trial (see, Bartlett v General Elec. Co., 90 AD2d 183, 186; Brown v Village Mobil Serv. Sta., 167 AD2d 158; Schmeider v Montefiore Hosp. & Med. Ctr., 122 AD2d 735). Lawrence, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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