Maxwell v. Mehta

Appeal from that part of a judgment of the Supreme Court (Stein, J.), entered February 18, 2003 in Rensselaer County, which granted defendant Shambhu M. Mehta’s motion to partially set aside a jury verdict in favor of plaintiff and dismissed the complaint against him.

On December 19, 1996, plaintiff experienced a toothache in the left lower rear of his mouth. He called the office of defendant Shambhu M. Mehta (hereinafter defendant) and was given an appointment for December 23, 1996, which he kept despite the fact that the toothache disappeared on December 20, 1996. Although plaintiff and…