O'CALLAGHAN v. WALSH


211 A.D.2d 531 (1995)

621 N.Y.S.2d 343

Bernard O'Callaghan, Respondent, v. Robert Walsh et al., Appellants

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

January 24, 1995


In this action for personal injuries suffered by plaintiff when he was struck on the head and neck by a four pound piece of plaster which fell from his bathroom ceiling, it was improper for the trial court, absent any showing that counsel's conduct was willful or contumacious, to preclude the testimony of defense witness Catherine Jacobi. The disclosure of Ms. Jacobi's identity, which took place three weeks into the trial, did not sufficiently prejudice the plaintiff so as...

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