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MENDEZ v. ROCHESTER GENERAL HOSPITAL

31 A.D.3d 1160 (2006)

818 N.Y.S.2d 704

RUTH MENDEZ, Individually and as Administratrix of the Estate of GIOVANNI MENDEZ, Deceased, Appellant, v. ROCHESTER GENERAL HOSPITAL, Defendant, and STEVEN SCOFIELD, M.D., et al., Respondents.

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

July 7, 2006.

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

Memorandum: On appeal from a judgment dismissing her complaint in this medical malpractice action upon a jury verdict of no cause for action, plaintiff contends that Supreme Court erred in instructing the jury with respect to the liability of defendant Steven Scofield, M.D. Plaintiff's contention is unpreserved for our review and lacking in merit in...

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