BANKS v. AUERBACH


56 A.D.2d 819 (1977)

Marion R. Banks, Respondent, v. Morris Auerbach, Appellant

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

March 28, 1977


Plaintiff-respondent shall recover of defendant-appellant $60 costs and disbursements of this appeal. The complaint alleges dental malpractice involving the leaving of a foreign object in plaintiff, not discovered until a time within the statutory period. The factual basis for defendant's motion rests entirely on an affirmation of an attorney who has neither personal knowledge of the facts, nor acceptable dental expertise. Such an affirmation is insufficient to present a...

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