Opinion
March 8, 1994
Appeal from the Supreme Court, Kings County (Joseph Dowd, J.).
Plaintiff instituted this action to recover damages for injuries allegedly sustained when she fell off one of defendant's horses. Upon review of the evidence, we conclude that the jury could have reasonably found that plaintiff failed to meet her burden of demonstrating defendant knew or should have known of the animal's vicious propensities or that the horse was unsuitable (Beers v. Elebash, 186 A.D.2d 515, lv denied 81 N.Y.2d 706).
We have reviewed plaintiff's claims concerning the court's jury instructions concerning liability and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.