Padilla v. City of New York

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered April 17, 1998, upon a jury verdict, in defendant’s favor, unanimously affirmed, without costs.

The trial court did not err by denying plaintiff’s request for a missing witness charge where testimony by the Emergency Medical Service technician who refused to testify would have been cumulative of the testimony of his partner on the material issue of where plaintiff was found (see, e.g., Dowling v 257 Assocs., 235 AD2d 293; Lipp v Saks, 129 AD2d 681, 683), and where defense counsel adequately explained the witness’s lack of…