Legal Opinion
Fortin v. Marra
Appellate Division of the Supreme Court of the State of New York
Decided January 2, 1986PublishedCited by 3 opinions
1Opinion of the Court
— Harvey, J.
Appeal from a judgment of the Supreme Court in favor of defendant, entered October 18, 1984 in Albany County, upon a verdict rendered at Trial Term (Conway, J.).
This is a dental malpractice case. On August 9, 1983, plaintiff was a patient of defendant who extracted his second lower left molar. During the course of that extraction, plaintiff aspirated a portion of a root tip. The jury determined that the aspiration of the root tip was not due to the negligence of defendant, giving rise to this appeal by plaintiff.
The essential facts are that during the extraction of the tooth, a…
2Cases cited5 opinions
- Pertofsky v. DrucksAppellate Division of the Supreme Court of the State of New York · 1962
- Tannenbaum v. MandellAppellate Division of the Supreme Court of the State of New York · 1976
- Fidler v. RoweAppellate Division of the Supreme Court of the State of New York · 1976
- Slocum v. SolomonAppellate Division of the Supreme Court of the State of New York · 1981
- Foronda v. CravenAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by3 opinions
- Halvorsen v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Rowe v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1986
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1987