Cavaluzzi v. Beyers

—In an action to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 28, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint. Justice Adams has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant met his initial burden of establishing his entitlement to summary judgment dismissing the complaint on the ground that the…