Opinion
Argued November 21, 2000.
December 12, 2000.
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Bellard, J.), dated August 2, 1999, which, upon a jury verdict on the issue of liability, is in favor of the defendants Kasthuri Issack and Frank Lacqua and against them.
Bonina Bonina, P.C. (Mischel, Neuman Horn, P.C., New York, N Y [Scott T. Horn] of counsel), for appellants.
Wolf Fuhrman (Herzfeld Rubin, P.C., New York, N.Y. [Herbert Rubin, David B. Hamm, and Miriam Skolnik] of counsel), for respondent Kasthuri Issack.
Amabile Erman, P.C., Staten Island, N.Y. (Jeffrey J. Cohen of counsel), for respondent Frank Lacqua.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs.
The injured plaintiff's insurance claim form was admitted into evidence without objection. Consequently, the question of whether there was a proper foundation for its admission is unpreserved for appellate review.
The trial court's issuance of a missing witness charge with respect to the injured plaintiff's treating physician was a provident exercise of discretion (see, Dukes v. Rotem, 191 A.D.2d 35; Kupfer v. Dalton, 169 A.D.2d 819; cf., Kasman v. Flushing Hosp. Med. Ctr., 224 A.D.2d 590; Coningsby v. Marsbell, 214 A.D.2d 949).