Posokhov v. Oselkin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for dental malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Levine, J.), dated September 8, 2006, which denied his renewed motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s renewed motion for summary judgment dismissing the complaint is granted.
“The requisite elements of proof in a medical or dental malpractice action are deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage”…
2Cases cited2 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Calabro v. HeschelesAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by6 opinions
- Cohen v. KalmanAppellate Division of the Supreme Court of the State of New York · 2008
- Worthy v. Good Samaritan Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Sharp v. WeberAppellate Division of the Supreme Court of the State of New York · 2010
- Del Bene v. Frank C. Perry, DDS, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Ennd v. KoppAppellate Division of the Supreme Court of the State of New York · 2008
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