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Legal Opinion

Buttice v. Dyer

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2003Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Palmieri, J.), entered May 6, 2002, which, upon a jury verdict, dismissed the complaint.

Ordered that the judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial.

The party seeking a missing witness charge bears the initial burden of promptly notifying the trial court that there is an…

2Cases cited10 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. SavinonNew York Court of Appeals · 2003
  3. People v. KitchingNew York Court of Appeals · 1991
  4. People v. KeenNew York Court of Appeals · 2000
  5. People v. CarilloAppellate Division of the Supreme Court of the State of New York · 2002

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