FALOTICO v. FRANKEL


232 A.D.2d 607 (1996)

648 N.Y.S.2d 1004

Lucia Falotico, Respondent, v. Stanley Frankel, Appellant

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

October 28, 1996


Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

On April 9, 1992, the plaintiff sought treatment from the defendant for a toothache. The defendant diagnosed the plaintiff as having an abscess in her upper left second molar and informed the plaintiff that she could either have root canal surgery or an extraction. The plaintiff chose to have the tooth extracted. The defendant gave the plaintiff Novocaine and performed the...

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