IORIZZO v. DYKER EMERGENCY PHYSICIANS, P.C

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).