Boz v. Berger

—In an action to recover damages for personal injuries, etc., based upon dental malpractice, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Patterson, J.), dated October 9, 1998, as granted, the motion of the defendant David Levinsky for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

A movant for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate…