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IORIZZO v. DYKER EMERGENCY PHYSICIANS, P.C.

278 A.D.2d 280 (2000)

718 N.Y.S.2d 215

PATRICIA IORIZZO et al., Appellants, v. DYKER EMERGENCY PHYSICIANS, P. C., et al., Defendants, and KASTHURI ISSACK et al., Respondents.

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

Decided December 11, 2000.

Ordered that the judgment is affirmed, with one bill of costs.

The injured plaintiff's insurance claim form was admitted into evidence without objection. Consequently, the question of whether there was a proper foundation for its admission is unpreserved for appellate review.

The trial court's issuance of a missing witness charge with respect to the injured plaintiff's treating physician was a provident exercise of discretion (see, Dukes v Rotem,

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