Austin v. Knowlton

—Judgment unanimously reversed in the exercise of discretion without costs and new trial granted. Memorandum: Supreme Court granted defendant’s request for a missing witness charge with respect to three of plaintiff’s treating or examining physicians. Plaintiff objected to the charge on the ground that the physicians were not in her control. On appeal, plaintiff contends with respect to the missing witness charge that defendant failed promptly to raise the issue, the testimony of the physicians would have been cumulative, and she had no control over them. Although only the control issue is…