Legal Opinion · Dissent

Cassano v. Hagstrom

New York Court of Appeals

Decided April 17, 1959Published

1Dissent

Burke, J. (dissenting).

In this action to recover damages for personal injuries due to alleged malpractice on the part of *647defendant, a dentist, the complaint was dismissed at the close of the plaintiff’s case.

The principal issue on this appeal is whether the plaintiff made out a prima facie case of malpractice. Although the trial court erred in ruling that an expert witness called by the plaintiff was not qualified to express an opinion as to customary and accepted dental procedure, since defendant during his testimony supplied the information sought to be elicited from plaintiff’s expert, the…

2Cases cited5 opinions

  1. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  2. Pike v. . HonsingerNew York Court of Appeals · 1898
  3. Benson v. . DeanNew York Court of Appeals · 1921
  4. Osipoff v. City of New YorkNew York Court of Appeals · 1941
  5. Bernstein v. GreenfieldNew York Court of Appeals · 1939

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