Coningsby v. Marabell

Amended judgment unanimously affirmed without costs. Memorandum: Plaintiff contends that Supreme Court erred in giving a missing witness charge regarding Dr. Reich, an orthopedic surgeon, Dr. Sullivan, a neurologist, and Dr. Kaiser, a urologist, thereby depriving him of a fair trial. The charge in relevant part stated: "Specifically, although you’re not required to do so, you may infer that the testimony of these doctors would not support the plaintiff’s claim that he had symptoms of a closed head injury in the months after the accident.” The record fails to disclose that plaintiff discussed…