CONNECTICUT INDEMNITY CO. v. HOEXTER, D.M.D.P.C.


45 A.D.3d 282 (2007)

844 N.Y.S.2d 289

CONNECTICUT INDEMNITY CO. et al., Respondents, v. DAVID L. HOEXTER, D.M.D.P.C., et al., Defendants, and HERBERT S. RUBIN, D.M.D., Appellant.

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

Decided November 1, 2007.


The motion for summary judgment was properly denied for failure to make a prima facie showing that appellant's capping and splinting of the patient's teeth was in accordance with good and accepted dental practice (compare Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985], with Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Appellant's admitted consultation with the codefendants...

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