Legal Opinion

Garcea v. Kiman

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

Decided February 1, 1996PublishedCited by 1 opinion

1Opinion of the Court

—Order, Appellate Term, First Judicial Department, entered July 27, 1992, which affirmed the judgment of Civil Court, New York County (Alfred Toker, J.), entered May 8,1990, upon jury verdict, dismissing the complaint, unanimously affirmed, without costs.

In this dental malpractice action, the trial court’s jury charge on foreseeability did not constitute reversible error (see, Capuccio v City of New York, 174 AD2d 543, lv denied 79 NY2d 751). It did not affect the clear instructions concerning the duty defendants owed plaintiff, determined by the dentist-patient relationship (see, Papa v…

2Cases cited4 opinions

  1. Feldsberg v. NitschkeNew York Court of Appeals · 1980
  2. Papa v. Brunswick General HospitalAppellate Division of the Supreme Court of the State of New York · 1987
  3. Housing Development Fund Co. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1987
  4. Capuccio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. Duncan v. Mount St. Mary's Hospital of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2000

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