CONINGSBY v. MARABELL


214 A.D.2d 949 (1995)

627 N.Y.S.2d 499

Todd C. Coningsby, Appellant, v. Theodore Marabell, Jr., Respondent. (Appeal No. 2.)

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

April 28, 1995


Amended judgment unanimously affirmed without costs.

Memorandum:

Plaintiff contends that Supreme Court erred in giving a missing witness charge regarding Dr. Reich, an orthopedic surgeon, Dr. Sullivan, a neurologist, and Dr. Kaiser, a urologist, thereby depriving him of a fair trial. The charge in relevant part stated: "Specifically, although you're not required to do so, you may infer that the testimony of these doctors would not support the plaintiff's claim...

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