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TROTTA v. KOCH

110 A.D.2d 631 (1985)

Barbara Trotta et al., Appellants, v. John E. Koch, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 1, 1985

Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

The determinative issue on this appeal is whether the trial court's instruction to the jury concerning plaintiffs' failure to call plaintiff Donald Trotta to the stand to testify about a conversation he had with defendant dentist was prejudicial error requiring a reversal of the judgment for defendant. At trial, the defendant...

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