Opinion
2003-03383.
Decided June 28, 2004.
In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Aliotta, J.), entered March 13, 2003, which, upon a jury verdict, is in favor of the defendants and against them.
Block O'Toole, New York, N.Y. (Daniel P. O'Toole and Michael J. Wells of counsel), for appellants.
Maimone Associates, PLLC, Mineola, N.Y. (Thomas J. Maimone of counsel), for respondents.
Before: SONDRA MILLER, J.P. ROBERT W. SCHMIDT, REINALDO E. RIVERA, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly rejected the plaintiffs' request to charge the jury that the defendants were liable for any subsequent aggravation of the injuries due to subsequent medical treatment, or even subsequent medical malpractice ( see PJI3d 2:305 [2004]), since there was no factual basis for such a charge ( see LaGrasta v. Ettayyim, 5 A.D.3d 737; Lebron v. St. Vincent's Hosp. and Med. Ctr., 261 A.D.2d 246).
S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.