It was error to permit the plaintiff to testify over objection that the attendant was "fired" shortly after the occurrence. There was also error in the charge to the jury on the failure to produce a witness. While the charge itself was correct, it had no application to the facts at bar. The operator Edith was a total stranger to the waxing operation. Her sole connection with the case was plaintiff's testimony that in the past Edith had performed
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PETERS v. REVLON, INC.
38 A.D.2d 696 (1972)
Shayne Peters, Respondent, v. Revlon, Inc., Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 25, 1972
January 25, 1972
Appellate Division of the Supreme Court of the State of New York, First Department.
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