Legal Opinion

Leighton v. Lowenberg

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 5, 2011, which, in this dental malpractice action, to the extent appealed from as limited by the briefs, denied plaintiffs motion to amend the complaint to add a cause of action for lack of informed consent, granted the dentist defendants’ (defendants) motion for partial summary judgment dismissing plaintiffs gross negligence and breach of implied warranty claims and her demand for punitive damages, and denied plaintiff’s cross motion for leave to amend the complaint to add a claim for breach of contract…

2Cases cited5 opinions

  1. Orphan v. PilnikNew York Court of Appeals · 2010
  2. Osborn v. KelleyAppellate Division of the Supreme Court of the State of New York · 1978
  3. Scalisi v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
  4. Apple Bank for Savings v. PricewaterhouseCoopers LLPAppellate Division of the Supreme Court of the State of New York · 2010
  5. Board of Managers of the Waterford Ass'n v. SamiiAppellate Division of the Supreme Court of the State of New York · 2009

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