RYAN v. ST. FRANCIS HOSPITAL


62 A.D.3d 857 (2009)

878 N.Y.S.2d 786

EDWARD RYAN et al., Appellants, v. ST. FRANCIS HOSPITAL et al., Respondents, et al., Defendants.

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

Decided May 19, 2009.


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

The Supreme Court providently exercised its discretion in precluding the testimony of the plaintiffs' proposed expert on the subject of whether the defendant Andrew E. Lituchy was the attending physician of record and in charge of the injured plaintiff's care during the entire hospitalization on the ground that there were no facts in the record to support the expert's opinion (see Cassano v Hagstrom...

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