The missing witness instruction was warranted since defendants did not demonstrate that the physicians who had examined plaintiffs on defendants' behalf were unavailable, or that their testimony would be cumulative ( see, People v. Gonzalez, 68 N.Y.2d 424, 427). In addition, since the record supports the trial court's implicit determination that this case involved "serious injury" as a matter of law, the court's failure to charge as to the no-fault threshold was not erroneous. Finally, in light of the evidence indicating that the 31-year-old plaintiff would suffer substantial pain from her back injuries, which injuries include one herniated and four bulging discs, the award to her of $175,000 for future pain and suffering did not deviate from reasonable compensation under the circumstances ( see, Skow v. Jones, Lang Wooton Corp., 240 A.D.2d 194).
Concur — Lerner, P. J., Williams, Tom and Andrias, JJ.