BRUECKNER v. SIMPSON


206 A.D.2d 448 (1994)

614 N.Y.S.2d 553

Michael A. Brueckner, Appellant, v. Jeffrey J. Simpson, Respondent

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

July 18, 1994


Ordered that the judgment is affirmed, with costs.

The plaintiff contends that the trial court erred in denying his request for a missing witness charge with respect to a physician who examined the plaintiff on the defendant's behalf. When a doctor who examines the plaintiff on the defendant's behalf does not testify at trial, an inference generally arises that the testimony of such witness would be unfavorable to the defendant unless he demonstrates that the testimony...

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