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AUSTIN v. CARSTENS-ELLIOT

39 A.D.3d 443 (2007)

831 N.Y.S.2d 734

CHARLES AUSTIN et al., Appellants, v. LYNNEA CARSTENS-ELLIOT et al., Respondents.

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

Decided April 3, 2007.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' request for a missing witness charge. Even if the plaintiffs satisfied their initial burden of establishing a prima facie case of medical malpractice, testimony sought from that witness would have been cumulative (see Gardiner v Wertheimer, 256 A.D.2d 381...

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