Legal Opinion
Clarke v. Mikail
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1997PublishedCited by 7 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for dental malpractice and fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), dated May 3, 1996, as granted that branch of the defendants’ motion which was to dismiss the first and second causes of action in the plaintiff’s complaint pursuant to CPLR 3211.
Ordered that the order is affirmed insofar as appealed from, with costs.
A breach of contract claim in relation to the rendition of medical or dental services by a physician or dentist will withstand a test of…
2Cases cited5 opinions
- Rizk v. CohenNew York Court of Appeals · 1989
- Fleishman v. LillyNew York Court of Appeals · 1984
- Mitchell v. SpataroAppellate Division of the Supreme Court of the State of New York · 1982
- Manno v. LeviAppellate Division of the Supreme Court of the State of New York · 1983
- McCarthy v. BerlinAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Cabri v. ParkAppellate Division of the Supreme Court of the State of New York · 1999
- Hazel v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997
- Chvetsova v. Family Smile DentalAppellate Division of the Supreme Court of the State of New York · 2022
- Commerce & Industry Insurance v. Imrex Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Adames v. VelasquezNew York Supreme Court · 2008
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