DAVANZO v. FISHER, D.D.S.


304 A.D.2d 452 (2003)

758 N.Y.S.2d 49

DOMINICK V. DAVANZO, et al., Respondents, v. FREDERICK M. FISHER, D.D.S., Appellant.

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

Decided April 22, 2003.


The trial court properly dismissed defendant's genetic predisposition defense at the conclusion of the defense case since there was no evidentiary basis for the defense. Although plaintiff testified that his mother had lost her teeth, there was no evidence that her tooth loss had been attributable to periodontal disease, a threshold necessity. Since the capacity of defendant's employee to provide material, noncumulative testimony respecting plaintiff's care and treatment...

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