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PADILLA v. CITY OF NEW YORK

255 A.D.2d 271 (1998)

680 N.Y.S.2d 503

Euripedes Padilla, Appellant, v. City of New York, Respondent

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

November 24, 1998

The trial court did not err by denying plaintiff's request for a missing witness charge where testimony by the Emergency Medical Service technician who refused to testify would have been cumulative of the testimony of his partner on the material issue of where plaintiff was found (see, e.g., Dowling v 257 Assocs., 235 A.D.2d 293; Lipp v Saks, 129 A.D.2d 681, 683), and where defense...

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