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TOBY SPISELMAN, Respondent, v. EMPIRE STATE DENTAL GROUP, P. C., et al., Appellants.

The evidence supports the jury's conclusion that defendants' malpractice caused her to undergo significant corrective dental work over a period of four years and we conclude that the award for past pain and suffering does not deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]).

Defendants' complaints about a comment made by plaintiff's counsel on summation and a portion of the jury charge were not preserved for appellate review by timely objection on the grounds now raised, and we decline to consider them on this appeal.

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SPISELMAN v. EMPIRE STATE DENTAL GROUP
(Oct 24, 1996)