LEVEN v. TALLIS DEP'T STORE, INC.


178 A.D.2d 466 (1991)

Gertrude Leven et al., Appellants, v. Tallis Department Store, Inc., Respondent

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

December 9, 1991


Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The trial court committed reversible error in refusing the plaintiffs' request for a missing witness charge (1 PJI 1:75) as to the defendant's employees and the co-owner of the defendant store, who were present in the store on the day of the accident. A party is entitled to a missing witness charge "where the uncalled witness bears information on a material...

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