Opinion
October 25, 1990
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
Defendants own and occupy a six-floor townhouse, using the first floor and the basement for defendant Samuel Mandel's medical practice. The plaintiff, a patient of Dr. Mandel, was injured when he fell on the stairs leading from the first floor to the basement. Four other patients saw Dr. Mandel that same day, and each testified at trial that there was nothing wrong with the stairs.
The jury verdict was for the defendants. On appeal, the plaintiff does not argue that the verdict was against the weight of the evidence.
Although the defendants initially brought the identity of the four other patients to the attention of their counsel's investigator without first obtaining the permission of those patients, each of those patients waived any physician-patient privilege by testifying at trial (Iseman v. Delmar Medical-Dental Bldg., 113 A.D.2d 276, 280).
The Trial Judge frequently ruled against plaintiff's counsel, sometimes in sharp language. Nevertheless, at no time did the Trial Justice demonstrate a personal bias against the plaintiff (Bubbins v. Bubbins, 114 A.D.2d 346, 348).
None of the trial rulings challenged by the plaintiff on appeal warrants reversal, since they reflect an appropriate exercise of the trial court's discretionary power to control the litigation before it (Feldsberg v. Nitschke, 49 N.Y.2d 636, 643).
Concur — Ross, J.P., Rosenberger, Asch and Smith, JJ.