Legal Opinion
DeVito v. Feliciano
New York Court of Appeals
Decided November 26, 2013PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
We hold that when a missing witness charge is requested in a civil case, the uncalled witness’s testimony may properly be considered cumulative only when it is cumulative of testimony *162or other evidence favoring the party controlling the witness. It may not be considered cumulative simply because it would repeat or be consistent with an opposing party’s evidence.
I
On February 13, 2006, plaintiff Theresa DeVito, who was in her late 70s, was injured in a motor vehicle accident in New York City; a van operated by Dennis Feliciano and owned by Paragon Cable Manhattan…
2Cases cited7 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SavinonNew York Court of Appeals · 2003
- Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
- People v. MacAnaNew York Court of Appeals · 1994
- Getlin v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2021
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2015
- People v. NguyenAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2021
17 more not listed; retrieve them via the Exa API.