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DAVID v. BIONDO

92 N.Y.2d 318 (1998)

703 N.E.2d 261

680 N.Y.S.2d 450

Lisa David, Appellant, v. Vincent J. Biondo, Respondent.

Court of Appeals of the State of New York.

Decided October 22, 1998.

Attorney(s) appearing for the Case

Greshin, Ziegler & Pruzansky, L. L. P., Smithtown (Vincent M. Amicizia of counsel), for appellant.

Kanterman & Taub, P. C., New York City (David L. Metzger and John T. O'Dwyer of counsel), for respondent.

Dennis C. Vacco, Attorney-General, Albany (Julie M. Sheridan, Barbara G. Billet and Peter H. Schiff of counsel), for State Education Department, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

Plaintiff David sued her former dentist Biondo in March 1986 for dental malpractice. The instant civil case and appeal originate in alleged damage ensuing from the removal of orthodontic braces in 1985.

David had also filed a grievance with the Office of Professional Discipline (O.P.D.) of the New York State Education Department which, after investigation, preferred disciplinary charges...

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