HAASE v. COLE


236 A.D.2d 860 (1997)

653 N.Y.S.2d 903

Joseph Haase, Appellant, v. Carl M. Cole, Erie County Public Administrator, as Administrator of The Estate of E. De Ver Tucker, Deceased, Respondent. (Appeal No. 1.)

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

February 7, 1997


Judgment affirmed without costs.

Memorandum:

We reject the contention of plaintiff that he was denied a fair trial by Supreme Court's instruction to the jury that plaintiff's claim was that defendant's decedent, Dr. Tucker, in rendering treatment to plaintiff, caused him to sustain an avulsion fracture. The testimony adduced at trial establishes that the gravamen of plaintiff's claim was that Dr. Tucker negligently...

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