Court of Appeals of New York

When a missing witness charge is requested in a civil case, the uncalled witness's testimony may properly be considered cumulative only when it is cumulative of testimony or other evidence favoring the party controlling the witness. Here, the uncalled witness's testimony was only cumulative of the opposing witness's testimony, so the Supreme Court erred in denying plaintiff's request for a missing witness charge, and the error was not harmless

Appellate Information

• Decided 11/26/2013
• Published 11/26/2013

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel