LaGRASTA v. ETTAYYIM


5 A.D.3d 737 (2004)

774 N.Y.S.2d 178

KIRK LaGRASTA, Appellant, v. REID ETTAYYIM et al., Respondents.

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

March 29, 2004.


Ordered that the judgments are affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court correctly declined to give the jury a missing witness charge (see PJI3d 1:75 [2004 Supp]) with respect to two of the defendants' doctors who examined the plaintiff after his surgery. The plaintiff failed to establish that the missing witnesses were available, were under the defendants' sole control, and would have been expected to provide...

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