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GONZALEZ v. JAMAICA HOSPITAL

25 A.D.3d 652 (2006)

807 N.Y.S.2d 316

NANCY GONZALEZ, Respondent, et al., Plaintiff, v. JAMAICA HOSPITAL, Appellant.

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

January 24, 2006.

Ordered that the judgment is affirmed, with costs.

The defendant's contention that the court erred in refusing to charge the jury on comparative negligence is unpreserved for appellate review (see CPLR 4110-b). In any event, the contention is without merit as there was insufficient evidence in the record to support such a charge (see Arpino v Jovin C. Lombardo, P.C., 215 A.D.2d 614 [1995]; O'Connor v Graziosi,<...

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