Madden v. Desmond

In an action to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Kitzes, J.), dated August 15, 2005, which, upon a jury verdict, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

On appeal the plaintiffs raise only one issue, to-wit, that the trial court erred in precluding them from introducing evidence of a consent agreement which the defendant Eric Lubin entered into with the New York Office of Professional Medical Conduct. Before…