BEST v. PHILLIPS


292 A.D.2d 483 (2002)

739 N.Y.S.2d 289

JAMES BEST, Appellant, v. BARBARA A. PHILLIPS et al., Respondents.

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

Decided March 18, 2002.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the exhibit introduced at trial by the defendant ophthalmologists depicting a cross-section of a human eye and labeled "Large Retina Detachment," was not intended to be an accurate representation of the plaintiff's eye at the time he commenced receiving medical treatment (cf., Wasserman v Genovese Drug Stores,

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