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JORDAN v. DONAT

255 A.D.2d 242 (1998)

680 N.Y.S.2d 501

Carl Jordan, Plaintiff, and Patricia Caesar, Respondent, v. Marshall J. Donat et al., Defendants, and Randolph Trafton et al., Appellants

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

November 24, 1998

The missing witness instruction was warranted since defendants did not demonstrate that the physicians who had examined plaintiffs on defendants' behalf were unavailable, or that their testimony would be cumulative (see, People v Gonzalez, 68 N.Y.2d 424, 427). In addition, since the record supports the trial court's implicit determination that this case involved "serious injury"...

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