KEATING v. ZIRLINGER


4 A.D.3d 337 (2004)

770 N.Y.S.2d 888

JEREMIAH KEATING, Appellant, v. LINDA ZIRLINGER et al., Respondents.

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

February 2, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants made out a prima facie case for summary judgment by showing that the now-deceased Dr. David J. Zirlinger did not commit dental malpractice in his treatment of the plaintiff. In response thereto, the plaintiff failed to show the existence of a triable issue of fact with respect to the alleged dental malpractice, or that the doctrine of...

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