Appellate Division of the Supreme Court of New York, 2002

Best v. Phillips

Best v. Phillips
Appellate Division of the Supreme Court of New York · Decided March 18, 2002
292 A.D.2d 483; 739 N.Y.S.2d 289; 2002 N.Y. App. Div. LEXIS 2942
Best v. Phillips

Opinion of the Court

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Clemente, J.), dated November 1, 2000, which, upon a jury verdict, is in favor of the defendants and against him dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

*484Contrary to the plaintiffs contention, the exhibit introduced at trial by the defendant ophthalmologists depicting a cross-section of a human eye and labeled “Large Retina Detachment,” was not intended to be an accurate representation of the plaintiffs eye at the time he commenced receiving medical treatment (cf, Wasserman v Genovese Drug Stores, 282 AD2d 447, 448; Leven v Tallis Dept. Store, 178 AD2d 466). The use of the exhibit as a visual aid for clarification did not prejudice the plaintiff (see, People v Potter, 255 AD2d 763, 767). Florio, J.P., S. Miller, McGinity and Adams, JJ., concur.

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