Scicchitano v. Gerstein

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Martin, J.), entered August 24, 2009, which, upon a jury verdict finding that the defendant did not depart from good and accepted medical practice, is in favor of the defendant and against her, in effect, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff failed to request a charge regarding spoliation of evidence, and failed to preserve for appellate review any issue regarding the trial court’s failure to instruct…