DWYER v. SCHOENECK


133 A.D.2d 523 (1987)

Bonnie J. Dwyer et al., Appellants, v. Henry Schoeneck, Respondent

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

September 30, 1987


Judgment unanimously affirmed without costs.

Memorandum:

The court did not err when it instructed the jury that it could draw no inference from the pathology report concerning the condition of the parametrial tissue. There was no reference in the report to that structure and no evidence that any portion of it had been sent to the pathologist or was examined by him.

Plaintiff contends that defendant, in his examination before trial, admitted that there...

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