Germe v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered September 21, 1992, upon a jury verdict in defendants’ favor, which, inter alia, dismissed the complaint, unanimously reversed, on the law, the complaint reinstated, and the matter remanded for a new trial.
A missing witness charge should be granted when the opposing party has shown that the uncalled witness is knowledgeable about a material issue upon which evidence is already in the" case, that the witness would naturally be expected to provide noncumulative testimony favorable to the party who has not called the witness and that…
2Cases cited6 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Hoffman v. Ro-San ManorAppellate Division of the Supreme Court of the State of New York · 1980
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- Sansevere v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Reehil v. . FraasNew York Court of Appeals · 1909
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3Cited by11 opinions
- Hamer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Martin v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Caraballo v. Paris Maintenance Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Houston v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Mike v. 91 Payson Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2016
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