Volpe v. Cortes

In an action, inter alia, to recover damages for dental malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Solomon, J.), dated March 11, 2004, as granted that branch of the *676defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that it was precluded by an arbitration and award.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint is denied, and the complaint is reinstated.

The record…