1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 192 A.D.3d
  5. 192 A.D.3d 591 (2021)
 

MOORE v. BEAUTIFUL SPACES, LLC

Index No. 154302/18. Appeal No. 13258-13258A. Case No. 2020-02707.

192 A.D.3d 591 (2021)

2021 NY Slip Op 01850

Charles William Moore et al. Appellants-Respondents, v. Beautiful Spaces, LLC, Respondent-Appellant.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellants-respondents.

Kellner Herlihy Getty & Friedman, LLP, New York ( Carol Anne Herlihy of counsel), for respondent-appellant.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

The court providently exercised its discretion in declining to permit plaintiffs to call a rebuttal witness to testify after defendant presented its case on its counterclaim, since the witness's proposed testimony would have been merely cumulative and would not have changed the result (see Matter of Honig, 213 A.D.2d 229 [1st Dept 1995]). Similarly, plaintiffs were not entitled to an adverse inference charge for defendant's failure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases