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Cassidy v. Gray

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1996
234 A.D.2d 6 (N.Y. App. Div. 1996)

Opinion

December 3, 1996.

Order, Supreme Court, New York County (Beverly Cohen, J.), entered July 3, 1996, which denied plaintiff's motion to preclude defendants from offering any evidence of plaintiff's consumption of alcohol prior to plaintiff's accident, unanimously affirmed, without costs.

Before: Murphy, P.J., Sullivan, Ellerin, Nardelli and Mazzarelli, JJ.


The amount of alcohol consumed on the evening of the accident is an issue in this case. It is within the province of the Trial Judge to rule on the admissibility of this evidence at the appropriate juncture, and if admitted, of the factfinder to determine the weight it should be accorded. Defendants were not required to plead intoxication as an affirmative defense (CPLR 3018 [b]) and plaintiff can hardly claim surprise and prejudice where there is a plethora of evidence concerning his alcohol consumption, including statements he made to medical personnel and at his deposition.


Summaries of

Cassidy v. Gray

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1996
234 A.D.2d 6 (N.Y. App. Div. 1996)
Case details for

Cassidy v. Gray

Case Details

Full title:STEPHEN CASSIDY, Appellant, v. LUKE GRAY et al., Respondents

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

Date published: Dec 3, 1996

Citations

234 A.D.2d 6 (N.Y. App. Div. 1996)
650 N.Y.S.2d 553

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