Diorio v. Scala
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mikoll, J. P.
Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Jiudice, J.), entered October 18, 1990 in Dutchess County, upon a verdict rendered in favor of plaintiffs.
This appeal is directed solely to the question of damages, liability having been conceded by defendant. The determinative issue on this appeal is whether Supreme Court’s failure to instruct the jury on plaintiffs’ failure to call certain medical witnesses was prejudicial error requiring a reversal of the judgment for plaintiffs.
A missing witness…
2Cases cited6 opinions
- Barry v. ManglassNew York Court of Appeals · 1981
- Kirschhoffer v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1991
- Kupfer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1991
- Oswald v. HeaneyAppellate Division of the Supreme Court of the State of New York · 1979
- Russell v. A. Barton Hepburn HospitalAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
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- Williams v. BrightAppellate Division of the Supreme Court of the State of New York · 1997
- Ogle v. StateAppellate Division of the Supreme Court of the State of New York · 1993
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