Legal Opinion
Rivera v. Anilesh
New York Court of Appeals
Decided June 12, 2007PublishedCited by 22 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this malpractice action by a patient against her dentist, we are asked whether the dentist’s routine procedure for administering an anesthetic injection is admissible as habit evidence supporting an inference that the same procedure was used when treating the patient. Based on the record before us, we conclude that the habit and routine practice testimony is admissible.
I
Plaintiff Margarita Rivera had been a patient of defendant Dr. Indu Anilesh, a dentist, since 1991. On May 4, 2000, Rivera went to Dr. Anilesh’s office with complaints related to a molar on…
2Cases cited10 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Rigie v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1989
- Glusaskas v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 1989
- Gushlaw v. RollAppellate Division of the Supreme Court of the State of New York · 2002
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Yuko Ito v. SuzukiAppellate Division of the Supreme Court of the State of New York · 2008
- GRAY, EVELYN M. v. WILLIAMS, M.D., ASTON B.Appellate Division of the Supreme Court of the State of New York · 2013
- Galetta v. GalettaNew York Court of Appeals · 2013
- Aikman v. KandaDistrict of Columbia Court of Appeals · 2009
- Thomas v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2009
17 more not listed; retrieve them via the Exa API.