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SPENSIERI v. LASKY

94 N.Y.2d 231 (1999)

723 N.E.2d 544

701 N.Y.S.2d 689

ROBERTA SPENSIERI, Appellant, v. CHARLES W. LASKY et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy, Knauf, Warner and Ruslander, P. C., Albany (John W. Bailey, Colleen M. O'Connell and Rebecca A. Slezak of counsel), for appellant.

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Nancy E. May-Skinner of counsel), for respondents.

LeBoeuf, Lamb, Greene & MacRae, L. L. P., Albany (Jay G. Safer and Cindy M. Monaco of counsel), and Donald R. Moy, Lake Success, for Medical Society of the State of New York, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and ROSENBLATT concur with Judge WESLEY; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

WESLEY, J.

During the course of this medical malpractice trial, the court rejected on hearsay grounds plaintiff's attempt to introduce the Physicians' Desk Reference (PDR) into evidence to establish by itself the standard of care for a doctor in prescribing and monitoring a drug. We hold that the PDR as offered here constitutes hearsay and cannot, by itself, establish the applicable standard...

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