Gonzalez v. Felson

Full title: MARTHA GONZALEZ, Respondent, v. PALMA M. FELSON et al., Appellants

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

Date published: Nov 24, 1997

244 A.D.2d 525 (N.Y. App. Div. 1997)

665 N.Y.S.2d 582

Opinion

November 24, 1997

Appeal from the Supreme Court, Kings County (Belen, J.).

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the defendants' request for a missing-witness charge ( see, PJI 1:75) since the testimony of the two doctors would have been merely cumulative ( see, Kane v. Linsky, 156 A.D.2d 333, 334; Levande v. Dines, 153 A.D.2d 671, 672; Getlin v. St. Vincent's Hosp. Med. Ctr., 117 A.D.2d 707, 708).

Contrary to the defendants' assertions on appeal, the damage award did not deviate materially from what would be reasonable compensation ( see, CPLR 5501 [c]).

The defendants' remaining contention is without merit.

Copertino, J. P., Friedmann, Krausman and Goldstein, JJ., concur.