Flynn v. Fenton

Full title: CLARA FLYNN et al., Appellants, v. ARNOLD FENTON, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1993

191 A.D.2d 612 (N.Y. App. Div. 1993)

595 N.Y.S.2d 327

Opinion

March 22, 1993

Appeal from the Supreme Court, Nassau County (Burke, J.).

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 N.Y.2d 442; Brown v. Village Mobil Serv. Sta., 167 A.D.2d 158). Further, the court properly refused to submit to the jury the issue of continuous treatment (see, Rizk v. Cohen, 73 N.Y.2d 98). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.