PACE v. DICOSIMO


134 A.D.2d 836 (1987)

Geraldine Pace et al., Respondents, v. Charles J. Dicosimo, Appellant

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

November 10, 1987


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court improperly denied defendant Dicosimo's motion for summary judgment dismissing plaintiffs' causes of action alleging negligence in performing dental surgery. The affidavit submitted in support of the motion made a prima facie showing of entitlement to judgment as a matter of law and plaintiffs submitted no expert evidence in opposition (see...

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