CYZOWSKI, FRANK G. v. ELKOVITCH, D.D.S., WILLIAM J.

Appeal from an order of the Supreme Court, Cayuga County (David Michael Barry, J.), entered January 4, 2010 in a dental malpractice action. The order denied the respective motions of the parties for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint in this dental malpractice action. In support of the motion, defendant submitted his own deposition as well as the deposition of plaintiff, which present differing versions of the…