Legal Opinion

Linker v. Malpeso

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

Decided April 18, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered November 27, 2012, which, in this action alleging dental malpractice, denied defendants’ motion to dismiss the complaint *594as barred by the statute of limitations, unanimously affirmed, without costs.

Defendant Dr. Pasquale J. Malpeso demonstrated prima facie that he completed a full mouth restoration for plaintiff, which involved placement of 20 implants replacing teeth Nos. 3-14 and 19-30, on September 11, 2008, and that the instant action, commenced on September 14, 2011, more than 27a years later, is barred by the applicable…

2Cases cited3 opinions

  1. Richardson v. OrentreichNew York Court of Appeals · 1985
  2. Santiago v. FilsteinAppellate Division of the Supreme Court of the State of New York · 2006
  3. Clayton v. Memorial Hospital for Cancer & Allied DiseasesAppellate Division of the Supreme Court of the State of New York · 2009

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