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DUNCAN v. MOUNT ST. MARY'S HOSPITAL OF NIAGARA FALLS

272 A.D.2d 862 (2000)

707 N.Y.S.2d 564

SANDRA DUNCAN, as Temporary Administratrix of the Estate of DONALD E. LEWIS, Deceased, Appellant, v. MOUNT ST. MARY'S HOSPITAL OF NIAGARA FALLS et al., Respondents, et al., Defendants. (Appeal No. 3.)

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

Decided May 10, 2000.

Amended judgment unanimously affirmed without costs.

Memorandum:

In this medical malpractice action, Supreme Court's reference to foreseeability in the jury charge does not constitute reversible error (see, Garcea v Kiman, 224 A.D.2d 190). Although the court's initial general instruction on negligence included a reference to foreseeability, that reference did not affect the court's subsequent clear instructions concerning...

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