Dukes v. Rotem
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
We are called upon to decide whether a missing witness charge is appropriate when plaintiffs counsel in a personal injury case fails to call the treating physician who treated plaintiff most recently, for the greatest period of time, and who changed her treatment.
This is a personal injury action in which plaintiff Annest Dukes claims that she suffers from permanent, chronic back pain as a result of an automobile accident in which she was a passenger.* On appeal, defendants concede liability and the *37only issue is whether defendants are entitled to a new trial on…
2Cases cited9 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Chandler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1985
- Diorio v. ScalaAppellate Division of the Supreme Court of the State of New York · 1992
- Zeeck v. Melina Taxi Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Dayanim v. UnisAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by14 opinions
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- Dowling v. 257 AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Hanlon v. CampisiAppellate Division of the Supreme Court of the State of New York · 2008
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