Pace v. Dicosimo
Appellate Division of the Supreme Court of the State of New York
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
- Bills v. AfricanoAppellate Division of the Supreme Court of the State of New York · 1987