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Rojas v. Greyhound Lines, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1998
254 A.D.2d 188 (N.Y. App. Div. 1998)

Opinion

October 22, 1998

Appeal from the Supreme Court, New York County (Walter Relihan, Jr., J.).


Defendant's argument that the court improperly allowed plaintiff's expert to describe a report by a nonwitness physician was waived when defendant's trial counsel expressly consented to the use of the report by the witness. In any event, the limited use of the report was not inappropriate under the circumstances, even though the report itself had not been received in evidence ( cf., O'Shea v. Sarro, 106 A.D.2d 435, 437). Nor did the trial court err in denying defendant's request for a missing witness charge. Given the use of the above-mentioned report in the testimony of plaintiff's expert, the testimony of the doctor who had written the report would have been cumulative ( see, Jellema v. 66 W. 84th St. Owners Corp., 248 A.D.2d 117). We note in this connection that both sides' experts fully described the report ( see, Diorio v. Scala, 183 A.D.2d 1065, 1067).

Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.


Summaries of

Rojas v. Greyhound Lines, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1998
254 A.D.2d 188 (N.Y. App. Div. 1998)
Case details for

Rojas v. Greyhound Lines, Inc.

Case Details

Full title:AMADO ROJAS, Respondent, v. GREYHOUND LINES, INC., Appellant, and JOHN…

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

Date published: Oct 22, 1998

Citations

254 A.D.2d 188 (N.Y. App. Div. 1998)
679 N.Y.S.2d 41

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