Clements v. Lindsey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered March 15, 1996, which, upon a jury verdict in favor of the defendants and against them, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly declined to issue a "missing witness” charge (see, PJI 1:75) notwithstanding the defendants’ failure to present the testimony of a doctor who examined the plaintiff driver on behalf of the defense. The testimony of the uncalled witness would have…
2Cases cited15 opinions
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- Chandler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1985
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