GOLDBERG v. WIRTOSKO


182 A.D.2d 350 (1992)

Ellen Goldberg, Appellant, v. Emil Wirtosko, Respondent

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

April 2, 1992


In this malpractice action, the trial court, in response to the jury request for a supplemental instruction on legal malpractice, reread the malpractice charge originally given without however, rereading those portions as pertained to a doctor's deviation from a drug manufacturer's recommendations. We agree with the trial court that because plaintiff did not object to the supplemental instruction before the jury resumed its deliberations, the issue is not preserved for review...

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