Puntino v. Chin

—In an action to recover damages for dental malpractice, the defendant appeals from an order of the *203Supreme Court, Queens County (Schulman, J.), dated February 23, 2001, which granted the plaintiffs motion, in effect, to renew the defendant’s prior motion for summary judgment dismissing the complaint, and upon renewal, denied that motion.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment in the first instance based upon the plaintiffs failure, after the defendant made out a prima facie case for summary judgment, to…