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MORETTA v. DAVENPORT EXPRESS, INC.

243 A.D.2d 547 (1997)

662 N.Y.S.2d 840

Robert Moretta, Appellant, v. Davenport Express, Inc., et al., Respondents

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

October 14, 1997

Ordered that the judgment is affirmed, with costs.

The trial court did not improvidently exercise its discretion in denying the plaintiff's request for a continuance to produce the police officer who responded to the scene of the accident. The officer was not a witness to the accident, and the plaintiff did not claim that he made any investigation of the accident which would have yielded relevant testimony (Balogh v H.R.B. Caterers, 88 A.D...

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