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LIAMERO v. HERBERT CONSTRUCTION CO., INC.

288 A.D.2d 4 (2001)

732 N.Y.S.2d 156

MICHAEL LIAMERO, Respondent, v. HERBERT CONSTRUCTION CO., INC., Appellant. (And a Third-Party Action.)

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

Decided November 1, 2001.

The trial court properly denied defendant's request for a missing witness charge on the ground that the testimony would have been cumulative (see, Dowling v 257 Assocs., 235 A.D.2d 293). The jury's award of $428,442 for lost wages was properly based on, inter alia, the testimony of an official of plaintiff's union as to the number of hours plaintiff had worked in years preceding the...

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