CHADWICK v. GIOIA


27 A.D.3d 1079 (2006)

810 N.Y.S.2d 709

EDWARD CHADWICK et al., as Parents and Natural Guardians of MATTHEW CHADWICK, an Infant, Appellants, v. PHILLIP GIOIA, M.D., et al., Respondents.

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

March 17, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from a judgment, entered upon a jury verdict of no cause of action, dismissing the complaint in this medical malpractice action. Plaintiffs requested a charge on foreseeability and proximate cause and thus waived their contention that Supreme Court erred in so charging the jury (see Schmidt v Buffalo Gen. Hosp...

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