Goldberg v. Wirtosko

Order, Supreme Court, New York County (Stuart C. Cohen, J.), entered December 27, 1990, which denied plaintiffs motion for a new trial after a jury verdict in defendant’s favor, unanimously affirmed, without costs.

In this malpractice action, the trial court, in response to the jury request for a supplemental instruction on legal malpractice, reread the malpractice charge originally given without however, rereading those portions as pertained to a doctor’s deviation from a drug manufacturer’s recommendations. We agree with the trial court that because plaintiff did not object to the…