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BELMONT v. PALM BEACH CLUB, INC.

244 A.D.2d 904 (1997)

668 N.Y.S.2d 115

Kelle Belmont, Respondent, v. Palm Beach Club, Inc., Appellant. (Appeal No. 5.)

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

November 19, 1997

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's request for a missing witness charge with respect to plaintiff's treating neurologist. It is apparent that any testimony that the neurologist might have been expected to give was already before the jury through medical reports and other expert testimony. Thus, that testimony would have been cumulative (see,...

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