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TILLERY v. LYNN

No. 83 Civ. 2624 (CBM).

607 F.Supp. 399 (1985)

Edwin Gregg TILLERY, Plaintiff, v. Jerry H. LYNN, D.D.S., Defendant.

United States District Court, S.D. New York.

April 4, 1985.

Attorney(s) appearing for the Case

Edwin J. Zinman, San Francisco, Cal., Goldsmith & Tabak, New York City, for plaintiff.

Siff & Newman, P.C. by David M. Pollack, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

MOTLEY, Chief Judge.

Plaintiff Edwin Gregg Tillery has commenced this dental malpractice action pursuant to 28 U.S.C. section 1332, alleging causes of action for negligence, fraudulent misrepresentation and breach of warranty. Plaintiff, as part of his relief for the fraud claims, is seeking punitive damages.

Defendant Dr. Lynn has moved for partial summary judgment dismissing all causes of action grounded in fraud and...

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