ROGOVIN v. WASSERMAN


18 A.D.3d 400 (2005)

795 N.Y.S.2d 571

DAWN ROGOVIN, Appellant-Respondent, v. JERROLD I. WASSERMAN, D.D.S., Respondent-Appellant.

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

May 31, 2005.


The trial court did not err in refusing to add plaintiff's prior treating dentist to the verdict sheet for the purpose of apportionment. Even if this Court were to amend defendant's answer sua sponte to conform to the proof at trial, it was still not necessary to add the prior treating dentist to the verdict sheet. As a general rule, defendants in a medical malpractice action are not entitled to apportionment if, as in this case, they are subsequent tortfeasors, since they...

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