ZIVKOVIC v. GROSSMAN


203 A.D.2d 76 (1994)

610 N.Y.S.2d 478

Mladen Zivkovic et al., Respondents, v. Matthew E. Grossman et al., Appellants

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

April 7, 1994


With respect to defendants' request for a missing witness charge applicable to several physicians who treated plaintiff for his injuries but who did not testify at this automobile accident trial, defendants failed for the most part to preserve this issue since they never sought that relief as to five of the seven pertinent doctors. In any event, we note that such physicians' testimony would merely have been cumulative (see, Dukes v Rotem, 191...

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