ASH v. NY UNIV. DENTAL CTR.


164 A.D.2d 366 (1990)

Arthur Ash et al., Appellants, v. New York University Dental Center et al., Respondents

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

December 27, 1990


Attorney(s) appearing for the Case

Steven DiJoseph of counsel (Barry Salzman with him on the brief; Kramer, Dillof, Tessel, Duffy & Moore, and DiJoseph & Gluck, attorneys), for appellants.

Howard R. Cohen of counsel (Robert S. Melnick with him on the brief; Bower & Gardner, attorneys), for respondents.

MURPHY, P. J., CARRO and MILONAS, JJ., concur.


ELLERIN, J.

The issue before us in this dental malpractice action is the validity of an agreement that plaintiff Arthur Ash was required to sign as a precondition to obtaining treatment at defendant New York University Dental Center which prospectively exculpated the various defendants from any liability for negligence in treating plaintiff.

Plaintiff seeks to recover for injuries suffered as a result...

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