Polichetti v. Cohen

—In an action to recover damages for dental malpractice, the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated December 2, 1998, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant made out a prima facie case for summary judgment. In opposition, the plaintiff established the existence of triable issues of fact. The plaintiff submitted a dentist’s affidavit of merit stating that the defendant’s failure to advise the plaintiff of the potential risks involved in the dental…