McLEOD v. BROOKLYN UNION GAS COMPANY


282 A.D.2d 658 (2001)

723 N.Y.S.2d 685

DOROTHY McLEOD et al., Respondents, v. BROOKLYN UNION GAS COMPANY, Appellant, et al., Defendants. (And Related Actions.)

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

Decided April 23, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for a missing witness charge is denied.

Under the circumstances of this case, the Supreme Court should not have directed a missing witness charge in favor of the plaintiffs upon the appellant's failure to comply with certain...

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