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RIVERA v. ANILESH

8 N.Y.3d 627 (2007)

869 N.E.2d 654

838 N.Y.S.2d 478

MARGARITA RIVERA, Respondent, v. KATTE ANILESH, D.D.S., et al., Defendants, and INDU ANILESH, D.D.S., Appellant.

Court of Appeals of the State of New York.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Landman Corsi Ballaine & Ford P.C., New York City (William G. Ballaine and Sophia Ree of counsel), for appellant.

Capriano Lichtman & Flach, LLP, New York City (Michael H. Skliar of counsel), for respondent.

LeBoeuf, Lamb, Greene & MacRae LLP, New York City (John M. Aerni and Carol A. Lafond of counsel), for New York State Dental Association and another, amici curiae.

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Seider Dolgow, Amy London and John Hogrogian of counsel), for City of New York and another, amici curiae.

Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier and Brian J. Isaac of counsel), for New York State Trial Lawyers' Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this malpractice action by a patient against her dentist, we are asked whether the dentist's routine procedure for administering an anesthetic injection is admissible as habit evidence supporting an inference that the same procedure was used when treating the patient. Based on the record before us, we conclude that the habit and routine practice testimony is admissible.

I

Plaintiff Margarita Rivera had...

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