DeVito v. New York University College of Dentistry

OPINION OF THE COURT

Eve Preminger, J.

Defendants move for summary judgment dismissing this *145dental malpractice action on the ground that a release executed by plaintiff precludes the action.

Defendant New York University College of Dentistry (NYU) operates a dental clinic where, in exchange for reduced fees, patients agree to be treated by students working under faculty supervision. Plaintiff was treated at the clinic for approximately one year beginning in December 1982 by various students including defendants Wisun and Chiha.

Prior to any treatment plaintiff executed a release which reads, in…