DeANGELIS v. NEW YORK UNIVERSITY MEDICAL CENTER


15 A.D.3d 185 (2005)

789 N.Y.S.2d 47

DIANA DeANGELIS, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER et al., Respondents.

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

February 3, 2005.


The missing witness charge respecting plaintiff's treating cardiologist, Dr. Zullo, was proper. In opposing the charge, plaintiff failed to show that Dr. Zullo's testimony would be cumulative, or that he was either unavailable or not under her control (see Dayanim v Unis, 171 A.D.2d 579 [1991]). Nor did the court err in precluding plaintiff from utilizing at trial a letter written by Dr...

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