GENET v. APPEL

12755, 102304/04.

118 A.D.3d 519 (2014)

987 N.Y.S.2d 150

2014 NY Slip Op 4254

RANDY GENET et al., Appellant, v. GERALD B. APPEL, M.D., Respondent.

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

Decided June 12, 2014.


Plaintiffs contend that the jury verdict in this medical malpractice action should be overturned on the basis that the trial court committed fundamental error by failing to charge Education Law § 6530 (32), which requires a physician to maintain proper records of his treatment and oral instructions to his patients. However, plaintiff failed to request such charge or to object to the charge that was given at trial, and thus failed to preserve the issue for appellate review...

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