Legal Opinion

Pace v. Dicosimo

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1987Published

1Opinion of the Court

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court improperly denied defendant Dicosimo’s motion for summary judgment dismissing plaintiffs’ causes of action alleging negligence in performing dental surgery. The affidavit submitted in support of the motion made a prima facie showing of entitlement to judgment as a matter of law and plaintiffs submitted no expert evidence in opposition (see, Bills v Africano, 132 AD2d 935).

Since defendant’s affidavit did not address the cause of *837action for lack of informed…

2Cases cited1 opinion

  1. Bills v. AfricanoAppellate Division of the Supreme Court of the State of New York · 1987

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