ABRAMOWITZ v. DENTAL CTR.


110 A.D.2d 343 (1985)

Sheldon Abramowitz, Appellant, v. New York University Dental Center, College of Dentistry, Respondent

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

October 28, 1985


Attorney(s) appearing for the Case

Cooperstein, Beck & Rubin, P. C. (Leland Stuart Beck of counsel), for appellant.

Bower & Gardner (Howard R. Cohen of counsel), for respondent.

LAZER, J. P., MANGANO and NIEHOFF, JJ., concur.


GIBBONS, J.

At issue on this appeal is whether, under the circumstances of this case, a release contained in a dental clinic registration form signed by the plaintiff bars him from suing to recover damages for personal injuries he allegedly incurred as a result of defendant's malpractice. We conclude that the release was legally insufficient to exculpate defendant from its negligence, if any.

On October 8, 1980, plaintiff, a 32-year-old teacher...

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