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Pagan v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1981
80 A.D.2d 848 (N.Y. App. Div. 1981)

Opinion

March 9, 1981


In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered January 28, 1980, which is in favor of plaintiff in the principal amount of $70,000, upon a jury verdict. Judgment affirmed, with costs. The defense presented no evidence to contradict the testimony offered by plaintiff's expert physician and it was not demonstrated that plaintiff's former physician was within his control or was willing to provide testimony on plaintiff's behalf. It was thus proper for the Trial Justice to refuse defendants' request for a "missing witness" charge based on plaintiff's failure to call his former doctor to testify (see Noce v. Kaufman, 2 N.Y.2d 347; Oswald v. Heaney, 70 A.D.2d 653). Furthermore, the amount of damages awarded by the jury (as diminished pursuant to the stipulation apportioning liability) was not excessive. Hopkins, J.P., Rabin, Gulotta and Thompson, JJ., concur.


Summaries of

Pagan v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1981
80 A.D.2d 848 (N.Y. App. Div. 1981)
Case details for

Pagan v. Ramirez

Case Details

Full title:NOEL PAGAN, Respondent, v. IGNACIO RAMIREZ et al., Appellants

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

Date published: Mar 9, 1981

Citations

80 A.D.2d 848 (N.Y. App. Div. 1981)

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