Raimundo v. Fairchester Bakers, Inc.

The jury may not, however, infer that such witness would, if called, testify unfavorably to the party who failed to call him. (Perlman v. Shanck, 192 App. Div. 179, 183, 184; Murthey v. Murthey, 261 App. Div. 991; affd., 287 N. Y. 740.) Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.