DeAngelis v. New York University Medical Center

Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 28, 2003, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.

The missing witness charge respecting plaintiff’s treating cardiologist, Dr. Zullo, was proper. In opposing the charge, *186plaintiff failed to show that Dr. Zullo’s testimony would be cumulative, or that he was either unavailable or not under her control (see Dayanim v Unis, 171 AD2d 579 [1991]). Nor did the court err in precluding plaintiff from utilizing at trial a letter written by Dr. Zullo some five years subsequent to…