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MEDINA v. CHOWNWAI

211 A.D.2d 526 (1995)

621 N.Y.S.2d 561

Wilson Medina et al., Respondents, v. Samroeng Chownwai, Appellant

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

January 19, 1995

The trial court properly denied defendant's motion for a missing witness charge with respect to the physician who administered plaintiff's CT scan because the testimony that this physician might be expected to give was already in the record through the testimony of the other experts and was therefore cumulative (see, DiOrio v Scala, 183 A.D.2d 1065, 1067).

The trial court...

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