LUCAS, JR., JESSE v. WEINER, D.D.S., ALAN

Memorandum: Plaintiff commenced this dental malpractice action seeking damages for injuries he sustained when defendant was extracting one of his molars. The jury returned a verdict in favor of defendant, finding that he was not negligent. Plaintiff failed to preserve for our review his contention that Supreme Court erred in denying his request to charge the doctrine of res ipsa loquitur inasmuch as he failed to object to the court’s charge as given. In fact, when the court asked the parties’ attorneys following the charge outside the presence of the jury whether there were any objections to…