Lowery v. Hise

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Jiudice, J.), entered October 31, 1991 in Dutchess County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff seeks to recover damages for injuries allegedly sustained as a result of defendant’s dental malpractice. Due to pain in her lower right wisdom tooth, plaintiff consulted defendant, a licensed dentist, who is certified in oral and maxillofacial surgery. Defendant X-rayed plaintiff’s teeth and concluded that both her lower…