Medina v. Chownwai

Judgment, Supreme Court, New York County (Norman Mordue, J.), entered September 24, 1993, which after a jury trial, awarded plaintiffs $342,000 plus interest, unanimously affirmed, with costs.

The trial court properly denied defendant’s motion for a missing witness charge with respect to the physician who administered plaintiff’s CT scan because the testimony that this physician might be expected to give was already in the record through the testimony of the other experts and was *527therefore cumulative (see, DiOrio v Scala, 183 AD2d 1065, 1067).

The trial court properly determined that there was…