Appellate Division of the Supreme Court of the State of New York March 21, 2001 (Martin v. Lattimore Road Surgicenter, Inc.)

Scudder, J.

(dissenting in part). I join with Justice Kehoe in his dissent in concluding that Supreme Court properly gave the “error in judgment” charge with respect to the method of David L. Gandell, M.D. (defendant) in suturing the incision wound of Valerie Martin (plaintiff).