Moretta v. Davenport Express, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered June 17, 1996, which, upon a jury verdict, is in favor of the defendants and against the plaintiff dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court did not improvidently exercise its discretion in denying the plaintiff’s request for a continuance to produce the police officer who responded to the scene of the accident. The officer was not a witness to the accident, and the plaintiff did not claim…