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PELLEW v. GOLDSTEIN

279 A.D.2d 512 (2001)

720 N.Y.S.2d 349

KIM PELLEW, Respondent, v. BENJY GOLDSTEIN et al., Defendants, and JEFFREY KLEIN, Appellant.

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

Decided January 16, 2001.

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

The plaintiff alleged that the defendant Jeffrey Klein committed dental malpractice in failing to take timely remedial measures after he lodged a root canal file in her mouth during the course of a dental procedure. At trial, the plaintiff's expert testified that the plaintiff's tooth was removed because of an infection. However, he failed to testify that the infection,...

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