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PAPPANIKOLAOU v. NEW YORK UNIV. DENTAL CTR., COLL. OF DENTISTRY

209 A.D.2d 595 (1994)

619 N.Y.S.2d 130

Sophia Pappanikolaou et al., Appellants, v. New York University Dental Center, College of Dentistry, Respondent

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

November 21, 1994

Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the trial court erred by denying their request for a missing witness charge with respect to a dentist employed by the defendant. A missing witness charge should be given where a witness, who has not been called, is under a party's control and is in a position to give substantial, not merely cumulative evidence (see, Zeeck v Melina Taxi Co., 177 A.D.2d 692...

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