SMOLEN v. FA LEE


111 A.D.2d 801 (1985)

Sophie Smolen, Appellant, v. Pen Fa Lee, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 10, 1985


Judgment affirmed, with costs.

We have examined the record and agree with the trial court that there was no expert testimony or other evidence presented at trial which could support a finding that defendant aggravated a preexisting condition as a result of his alleged negligent course of treatment of plaintiff. Accordingly, it was not error for the court to refuse to charge that defendant could be found liable for aggravating a condition for which plaintiff was predisposed...

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