KUBAS v. BLUM

No. 4270-07, Seq. Number-001

2008 NY Slip Op 32370 (U)

MIROSLAV KUBAS AND TARA KUBAS, Plaintiff, v. JOSEPH BLUM, D.D.S. AND JOSEPH BLUM, D.D.S. d/b/a NEW IMAGES SMILES, Defendants.

Supreme Court of the State of New York, Nassau County.

August 22, 2008.


Attorney(s) appearing for the Case

McKenna, Siracusano & Chianese East Rockaway, NY, Attorneys for Plaintiff.

Kolenovsky, Spiegel & Caputo By: Robyn S. Goldfarb, Esq. New York, NY, Attorneys for Defendants.


DANIEL R. PALMIERI, Judge.

The motion by the defendant pursuant to CPLR 3212 for summary judgment is granted to the extent that the second cause of action, sounding in lack of informed consent, is dismissed. The motion is otherwise denied.

In this dental malpractice action, the plaintiff Miroslav Kubas alleges in his complaint and bill of particulars that defendant Joseph Blum, D.D.S. is liable for damages on two grounds.1 The...

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