Cabrera v. New York University College of Dentistry

McKeon, PJ. (concurring in part and dissenting in part).

I agree with the majority that Civil Court properly exercised its discretion in granting renewal and permitting plaintiff to cure deficiencies in the expert affirmation submitted in opposition to defendant’s motion for summary judgment (see Mattis v Keen, Zhao, 54 AD3d 610 [2008]). I disagree, however, with the majority’s conclusion that the affirmation of plaintiffs expert was sufficient to raise issues of fact warranting a trial.

While plaintiff’s expert opined that defendant’s employees departed from good and accepted dental practice…