Esposito v. Jenson

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of the motion of Steven Jenson, D.D.S. (defendant), for summary judgment seeking dismissal of the cause of action for negligence and dental malpractice. The codefendant attempted to extract one of plaintiffs molars, but left the roots intact. Thereafter defendant, an oral surgeon, removed two of the roots successfully, but failed to remove a third root. By her expert’s affidavit, plaintiff raised an issue of fact whether the…