KNUTSON v. SAND


282 A.D.2d 42 (2001)

725 N.Y.S.2d 350

ROBERT A. KNUTSON et al., Appellants, v. RICHARD H. SAND et al., Respondents.

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

May 21, 2001.


Attorney(s) appearing for the Case

Sanders, Sanders, Block & Woycik, P. C., New York City (Mischel, Neuman & Horn, P. C., [Scott T. Horn] of counsel), for appellants.

Greenfield & Hastings, Jericho (John F. Hastings and Sean Dwyer of counsel), for respondents.

FLORIO, J. P., McGINITY and FEUERSTEIN, JJ., concur.


OPINION OF THE COURT

LUCIANO, J.

The question presented for review appears to be one of first impression, to wit: whether a plaintiff is required to present expert dental testimony expressly stating that the conduct of the defendant oral surgeon was a "departure from the requisite standard of care," notwithstanding the fact that during the plaintiff's case-in-chief, the defendant oral surgeon testified that the conduct forming the basis of the alleged dental...

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