MORSE v. RAPKIN


24 A.D.2d 24 (1965)

Lee Morse, Appellant, v. Clara Rapkin, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 1965.


Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Teperman & Ecker, attorneys), for appellant.

John M. Cunneen of counsel (Brady, Devlin, Grubbs, Lawler & Reid, attorneys), for respondent.

RABIN, J. P., VALENTE, STEVENS, STEUER and WITMER, JJ., concur.


Per Curiam.

The action is in malpractice against a dentist. Plaintiff's theory, to which her proof was directed, was that defendant lacked the qualifications for the particular kind of dental procedure which defendant undertook to perform, and departed from accepted practices with consequent injury to plaintiff. The defense, in addition to denials, sought to establish that plaintiff failed to follow instructions as to oral hygiene and that this failure caused...

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