Cardona, P.J.
Plaintiff raises two issues regarding the jury charge in this medical malpractice case; specifically, whether Supreme Court erred in delivering an "error in judgment" instruction and in declining to issue a missing witness instruction.
On January 9, 2004, plaintiff underwent laparoscopic surgery to repair an abdominal hernia. The surgery, which involved the insertion of composite mesh and titanium tacks, was performed by defendant Darren B. Miter...
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