Opinion
March 10, 1994
Appeal from the Supreme Court, Richmond County (Edward Amann, Jr., J.).
In light of, inter alia, the testimony of plaintiff, his father and two of his treating physicians, it cannot be said that the jury unreasonably concluded that defendant Brody negligently parked his vehicle and proximately caused plaintiff's injuries (see, Ferrer v. Harris, 55 N.Y.2d 285, 293-294). We also note that the damages awarded to plaintiff do not materially deviate from what would be reasonable under similar circumstances. (CPLR 5501 [c].) Finally, a missing witness charge was unnecessary with regard to plaintiff's mother as her testimony would have been cumulative to that of the plaintiff and the father (see, Lipp v Saks, 129 A.D.2d 681, 684).
We have considered all other claims and find them to be without merit.
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Tom, JJ.