Legal Opinion
Austin v. Carstens-Elliot
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 2007PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered December 12, 2005, which, upon a jury verdict, is in favor of the defendants and against them dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiffs’ request for a missing witness charge. *444Even if the plaintiffs satisfied, their initial burden of establishing a prima facie case of medical malpractice, testimony sought from that…
2Cases cited6 opinions
- Saratoga Spa & Bath, Inc. v. Beeche Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Clements v. LindseyAppellate Division of the Supreme Court of the State of New York · 1997
- Pieniewski v. BenbenekAppellate Division of the Supreme Court of the State of New York · 1977
- Farhart v. MatuljakAppellate Division of the Supreme Court of the State of New York · 1954
- Gardiner v. WertheimerAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Kaygreen Realty Co. v. IG Second Generation Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- Spiegel v. SpiegelAppellate Division of the Supreme Court of the State of New York · 2009