| Spagnole v Staten Is. Univ. Hosp. |
| 2010 NY Slip Op 07526 [77 AD3d 816] |
| October 19, 2010 |
| Appellate Division, Second Department |
| Jean Spagnole, Appellant, v Staten Island UniversityHospital et al., Respondents. |
—[*1] Kopff, Nardelli & Dopf LLP, New York, N.Y. (Martin B. Adams and P. Bruin Hays III ofcounsel), for respondents.
In an action to recover damages for medical malpractice, the plaintiff appeals from ajudgment of the Supreme Court, Richmond County (Giacobbe, J.), entered May 18, 2009, which,upon a jury verdict, is in favor of the defendants and against her dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
Jury interrogatories must be based on claims supported by the evidence (see Marzuillo vIsom, 277 AD2d 362, 363 [2000]). Here, the Supreme Court properly declined to submit tothe jury the proposed interrogatory regarding whether the defendants departed from the standardof care and proximately caused the plaintiff's injuries by failing to order a CT scan on November20, 2002, as that theory of recovery was not based on evidence adduced at trial (see Murray v Maniatis, 21 AD3d1012, 1013 [2005]; cf. Beizer vSchwartz, 15 AD3d 433, 434 [2005]).
The plaintiff's remaining contention is raised for the first time on appeal and is not properlybefore this Court. Santucci, J.P., Balkin, Leventhal and Austin, JJ., concur.