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RANDOLPH v. LONG ISLAND COLL. HOSP.

234 A.D.2d 441 (1996)

651 N.Y.S.2d 172

Naomi Randolph, Appellant, v. Long Island College Hospital et al., Respondents

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

December 16, 1996

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the court properly declined to include the plaintiff's second proposed interrogatory in its charge to the jury (see, Fallon v Damianos, 192 A.D.2d 576). The record is devoid of any evidence that the defendant doctor's failure to examine the plaintiff or perform any tests at the time of a post-operative procedure was a deviation...

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