WINER v. ALIANI

2015-09475, Index No. 5538/13.

145 A.D.3d 1063 (2016)

2016 NY Slip Op 08898

42 N.Y.S.3d 861

RICHARD WINER et al., Respondents, v. MICHELE ALIANI et al., Appellants.

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

Decided December 28, 2016.


Ordered that the appeal from so much of the order as referred to the trial court that branch of the defendants' motion which was, in effect, to preclude a missing witness charge against them for failing to call an examining physician is dismissed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

A party may not appeal as of right from so much of...

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