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Pan v. Shaw

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1994
203 A.D.2d 195 (N.Y. App. Div. 1994)

Opinion

April 26, 1994

Appeal from the Supreme Court, New York County (Norman Ryp, J.).


In light of the fact that defendant's medical expert would have provided relevant and noncumulative testimony at trial that was unfavorable to defendant, i.e., testimony concerning the permanency of plaintiff's scars resulting from the surgery and the fact that said expert would have informed a patient opting for this elective surgery, prior to accepting the patient's consent to the operative procedure, that such permanent scars were to be expected as a result of the surgery, a missing witness charge should have been given by the trial court with respect to said defense expert (see, Siegfried v Siegfried, 123 A.D.2d 621). We further note that plaintiff both timely alerted the court to the missing witness prior to the jury charge and specifically requested a missing witness charge.

Concur — Rosenberger, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

Pan v. Shaw

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1994
203 A.D.2d 195 (N.Y. App. Div. 1994)
Case details for

Pan v. Shaw

Case Details

Full title:LEE-LU PAN, Respondent, v. WILLIAM W. SHAW, Appellant, et al., Defendants

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

Date published: Apr 26, 1994

Citations

203 A.D.2d 195 (N.Y. App. Div. 1994)
611 N.Y.S.2d 158

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