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Colon v. Futterman

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 548 (N.Y. App. Div. 1995)

Opinion

December 18, 1995

Appeal from the Supreme Court, Kings County (Greenstein, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, we find that the jury verdict was based upon a fair interpretation of the evidence (see, Nicastro v Park, 113 A.D.2d 129).

The trial court did not improvidently exercise its discretion in precluding one of the plaintiff's witnesses from testifying, since the plaintiff did not notify the defendant of this witness until the middle of the trial and the defendant had no prior knowledge of this witness (cf., Burton v New York City Hous. Auth., 191 A.D.2d 669; Guillen v New York City Tr. Auth., 192 A.D.2d 506, 508; DeJesus v Finnegan, 137 A.D.2d 649). Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.


Summaries of

Colon v. Futterman

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 548 (N.Y. App. Div. 1995)
Case details for

Colon v. Futterman

Case Details

Full title:LINDA M. COLON, Appellant, v. JULIUS FUTTERMAN, Respondent

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

Date published: Dec 18, 1995

Citations

222 A.D.2d 548 (N.Y. App. Div. 1995)
636 N.Y.S.2d 625

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