AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CHARLES AUSTIN et al., Appellants, v. LYNNEA CARSTENS-ELLIOT et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' request for a missing witness charge. Even if the plaintiffs satisfied their initial burden of establishing a prima facie case of medical malpractice, testimony sought from that witness would have been cumulative ( see Gardiner v Wertheimer, 256 AD2d 381; Clements v Lindsey, 237 AD2d 557; Klombers v Lefkowitz, 131 AD2d 815, 816).

The plaintiffs' remaining contention is unpreserved for appellate review, as it was not the subject of a timely objection at trial ( see CPLR 4017, 5501 [a] [3]; Saratoga Spa Bath v Beeche Sys. Corp., 230 AD2d 326, 332-333; Pieniewski v Benbenek, 56 AD2d 710; Farhart v Matuljak, 283 App Div 977, 978).

Use AI to get other relevant cases.

Comments

AUSTIN v. ELLIOT
(Apr 3, 2007)