FORTIN v. MARRA


116 A.D.2d 786 (1986)

Edmond Fortin, Appellant, v. Frederick J. Marra, Respondent

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

January 2, 1986


Harvey, J.

This is a dental malpractice case. On August 9, 1983, plaintiff was a patient of defendant who extracted his second lower left molar. During the course of that extraction, plaintiff aspirated a portion of a root tip. The jury determined that the aspiration of the root tip was not due to the negligence of defendant, giving rise to this appeal by plaintiff.

The essential facts are that during the extraction of the tooth, a portion broke...

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