November 3, 2021

DSB was successful in appealing a judgment against a Long Island municipality.   In a wrongful death action, DSB argued that the lower court erred by admitting internal rules and regulations into evidence without providing a limiting instruction to the jury.  The Appellate Division, Second Department, agreed that it was reversible error to admit the evidence without charging the jury that the rules and regulations could only be considered as some evidence of recklessness along with other factors.