MINTZ v. WIPPER


207 Misc. 780 (1955)

Gertrude Mintz et al., Respondents, v. Dorothy V. Wipper et al., Appellants.

Supreme Court, Appellate Term, Second Department.

March 23, 1955.


Attorney(s) appearing for the Case

Louis M. Brass and William J. Tropp for appellants.

William W. Heiberger and Irving Chapnick for respondents.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

It was error for the court to charge the jury, as requested by plaintiff with respect to the inference to be drawn from the unexplained absence of the defendants or any witnesses under their control. "In such circumstances the jury have the right to accept the testimony before them which might have been but was not controverted, and to take it most strongly against the party who might have controverted it but failed to do so. The jury may not, however...

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