Legal Opinion

Robbins v. Nathan

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

Decided December 19, 1919PublishedCited by 20 opinions

Appeal by the defendant, Charles Nathan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of November, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of November, 1918, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jaycox, J.:

The plaintiff has recovered a verdict against the defendant for alleged malpractice. The defendant is a dentist. The facts, so far as necessary for the determination of this appeal, and taking the view of them most favorable to the plaintiff, are as follows:

*828The plaintiff went to defendant’s office and informed him that she had some trouble with her tooth — that it was “ bothering ” her. It was a crowned tooth with a false tooth supported by this crown. The defendant removed the crown, bored into the tooth, found that the tooth was not fully filled and that it emitted an offensive…

2Cases cited5 opinions

  1. Pike v. . HonsingerNew York Court of Appeals · 1898
  2. Evans v. RobertsSupreme Court of Iowa · 1915
  3. Winner v. LathropNew York Supreme Court · 1893
  4. Wood v. WyethAppellate Division of the Supreme Court of the State of New York · 1905
  5. Brown v. GoffeAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by20 opinions

  1. McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
  2. Fink v. SteeleCourt of Appeals of Maryland · 1934
  3. Einaugler v. Supreme Court of State of New YorkCourt of Appeals for the Second Circuit · 1997
  4. Poor Sisters of St. Francis v. LongTennessee Supreme Court · 1950
  5. Baxter v. SnowUtah Supreme Court · 1931

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