MENARD M. GERTLER, M.D., P.C. v. SOL MASCH & COMPANY


40 A.D.3d 282 (2007)

835 N.Y.S.2d 178

MENARD M. GERTLER, M.D., P.C., et al., Appellants, v. SOL MASCH & COMPANY et al., Respondents.

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

Decided May 8, 2007.


Plaintiffs seek to recover damages on a theory of professional malpractice. At trial, however, there was no expert testimony to establish applicable standards of professional practice, and, accordingly, there was no basis for the finding essential to malpractice liability, that defendants deviated from such standards. This was not a case in which the "ordinary experience of the fact finder [would provide a] sufficient basis for judging the adequacy of the professional service...

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