Garcea v. Kiman
Opinion of the Court
—Order, Appellate Term, First Judicial Department, entered July 27, 1992, which affirmed the judgment of Civil Court, New York County (Alfred Toker, J.), entered May 8,1990, upon jury verdict, dismissing the complaint, unanimously affirmed, without costs.
In this dental malpractice action, the trial court’s jury charge on foreseeability did not constitute reversible error (see, Capuccio v City of New York, 174 AD2d 543, lv denied 79 NY2d 751). It did not affect the clear instructions concerning the duty defendants owed plaintiff, determined by the dentist-patient relationship (see, Papa v Brunswick Gen. Hosp., 132 AD2d 601) and the instructions on the malpractice standard itself were in all respects proper (see, PJI 2:150).
Although plaintiff had subpoenaed defendants to testify on her case, she did so five months before the trial actually commenced, and the record fails to support her claim, disputed by defendants, that she provided reasonable notice to them that she intended to call them as witnesses on the first day of the
We have considered plaintiff’s remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Wallach and Rubin, JJ.
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