Pappanikolaou v. New York University Dental Center

—In a dental malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Hutcherson, J.), dated May 4, 1992, which, upon a jury verdict, is in favor of the defendant dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the trial court erred by denying their request for a missing witness charge with respect to a dentist employed by the defendant. A missing witness charge should be given where a witness, who has not been called, is under a party’s control and is in…