Flynn v. Fenton

Appellate Division of the Supreme Court of New York

Flynn v. Fenton

191 A.D.2d 612, 595 N.Y.S.2d 327, 1993 N.Y. App. Div. LEXIS 2675

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1993

StatusPublished

This text of 191 A.D.2d 612 (Flynn v. Fenton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flynn v. Fenton, 191 A.D.2d 612, 595 N.Y.S.2d 327, 1993 N.Y. App. Div. LEXIS 2675 (N.Y. Ct. App. 1993).

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Opinion

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Burke, J.), dated September 18, 1990, which, upon a jury verdict, was in favor of the defendant and against them.

Ordered that the judgment is affirmed, without costs or disbursements.

Despite the plaintiffs’ claims to the contrary, the court’s charge properly apprised the jury of the issues to be resolved and the legal standards to be applied (see, Simcuski v Saeli, 44 NY2d 442; Brown v Village Mobil Serv. Sta., 167 AD2d 158). Further, the court properly refused to submit to the jury the issue of continuous treatment (see, Rizk v Cohen, 73 NY2d 98). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Burke, J.), dated September 18, 1990, which, upon a jury verdict, was in favor of the defendant and against them.

Ordered that the judgment is affirmed, without costs or disbursements.

Despite the plaintiffs’ claims to the contrary, the court’s charge properly apprised the jury of the issues to be resolved and the legal standards to be applied (see, Simcuski v Saeli, 44 NY2d 442; Brown v Village Mobil Serv. Sta., 167 AD2d 158). Further, the court properly refused to submit to the jury the issue of continuous treatment (see, Rizk v Cohen, 73 NY2d 98). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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Bluebook (online)

191 A.D.2d 612, 595 N.Y.S.2d 327, 1993 N.Y. App. Div. LEXIS 2675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-fenton-nyappdiv-1993.

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