Ordered that the judgment is affirmed, with costs.
The plaintiff was found unconscious at the bottom of a flight of stairs in the defendant's apartment building, bleeding from a head injury. As a result of the injuries she suffered in the accident, the plaintiff was left in a permanent vegetative state and was thus unable to testify. There were no witnesses to the accident.
The Supreme Court did not err in denying the plaintiff's request for a so-called "Noseworthy...
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