BEIZER v. SCHWARTZ


15 A.D.3d 433 (2005)

789 N.Y.S.2d 724

HARRIET BEIZER, Appellant, v. LEE SCHWARTZ, Respondent.

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

February 14, 2005.


Ordered that the judgment is reversed, on the law, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial, with costs to abide the event.

The plaintiff became a patient of the defendant, a general dentist, in 1988, and had 36 appointments with him during the next seven years. On July 14, 1995, the defendant observed that two of the plaintiff's teeth were very mobile — a warning sign of periodontal disease...

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