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SANDERS v. OTIS ELEVATOR CO.

232 A.D.2d 327 (1996)

649 N.Y.S.2d 19

Wilmer Sanders, Respondent, et al., Plaintiff, v. Otis Elevator Company, Appellant. (And a Third-Party Action.)

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

October 31, 1996

Defendant's failure to present testimony of an expert witness, after giving notice of his identity and the subject matter of his proposed testimony, showing his familiarity with the cause of the elevator accident, warranted a missing witness charge (see, Camillo v Geer, 185 A.D.2d 192, 196).

Plaintiffs' expert witness was properly permitted to testify as to the adequacy...

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