Home/New York Court of Appeals/Mashley v. Kerr

Mashley v. Kerr

393 N.E.2d 471, 47 N.Y.2d 892, 419 N.Y.S.2d 476, 1979 N.Y. LEXIS 2160
New York Court of Appeals·Decided June 14, 1979·Published·Cited by 13 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The trial record testimony does not reveal why plaintiff failed to produce certain medical witnesses. In this circumstance, the court’s charge relative to what inferences may be drawn from such failure was proper (see PJI 1:75). Likewise, the court’s ruling to receive in evidence certain exhibits consisting of accident reports made by the investigating officer may not be disturbed in view of a failure to make timely objection to their receipt, or to take proper exception thereto, other than with respect to the diagram and then on the [894] ground of lack of personal knowledge on the part of the witness, an objection which was promptly obviated and accordingly properly overruled. Thus, in the absence of any preserved claimed errors, the order should be affirmed.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mashley v. Kerr, 393 N.E.2d 471, 47 N.Y.2d 892, 419 N.Y.S.2d 476, 1979 N.Y. LEXIS 2160 (N.Y. 1979).

393 N.E.2d 471 (Mashley v. Kerr) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Moore v. Blank
8 A.D.3d 1090 (Appellate Division of the Supreme Court of New York, 2004)
Espriel v. New York Downtown Hospital
298 A.D.2d 165 (Appellate Division of the Supreme Court of New York, 2002)
Placakis v. City of New York
289 A.D.2d 551 (Appellate Division of the Supreme Court of New York, 2001)
Dudek v. Call
275 A.D.2d 992 (Appellate Division of the Supreme Court of New York, 2000)
Dukes v. Rotem
191 A.D.2d 35 (Appellate Division of the Supreme Court of New York, 1993)
Desa v. City of New York
188 A.D.2d 313 (Appellate Division of the Supreme Court of New York, 1992)
Miller v. Kimber
181 A.D.2d 1014 (Appellate Division of the Supreme Court of New York, 1992)
Zeeck v. Melina Taxi Co.
177 A.D.2d 692 (Appellate Division of the Supreme Court of New York, 1991)
Wilson v. Bodian
130 A.D.2d 221 (Appellate Division of the Supreme Court of New York, 1987)
Chandler v. Flynn
111 A.D.2d 300 (Appellate Division of the Supreme Court of New York, 1985)
Vetrano v. Calvey
102 A.D.2d 932 (Appellate Division of the Supreme Court of New York, 1984)
Guzman v. Manhattan & Bronx Surface Transit Operating Authority
99 A.D.2d 972 (Appellate Division of the Supreme Court of New York, 1984)
Shufelt v. City of New York
80 A.D.2d 554 (Appellate Division of the Supreme Court of New York, 1981)