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MASHLEY v. KERR

47 N.Y.2d 892 (1979)

Bonita B. Mashley, Appellant, v. John Kerr et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Ernest Abdella and George Abdella for appellant.

Richard T. Horigan for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The trial record testimony does not reveal why plaintiff failed to produce certain medical witnesses. In this circumstance, the court's charge relative to what inferences may be drawn from such failure was proper (see PJI 1:75). Likewise, the court's ruling to receive in evidence certain exhibits consisting of accident reports made by...

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