Staley v. LaFornara

—Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered September 28, 2001, which denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint in this dental malpractice action. Although defendant sustained his initial burden of demonstrating his entitlement to judgment as a matter of law on the issues of appropriate treatment and causation, plaintiffs raised triable…