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GERME v. CITY OF NEW YORK

211 A.D.2d 480 (1995)

621 N.Y.S.2d 548

Anthony Germe et al., Appellants, v. City of New York et al., Respondents

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

January 17, 1995

A missing witness charge should be granted when the opposing party has shown that the uncalled witness is knowledgeable about a material issue upon which evidence is already in the case, that the witness would naturally be expected to provide noncumulative testimony favorable to the party who has not called the witness and that the witness is available to that party (People v Gonzalez, 68 N.Y.2d 424, 427, citing Reehil v Fraas...

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