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SALM v. MOSES

13 N.Y.3d 816 (2009)

LILY SALM, Appellant, v. MARK S. MOSES, D.D.S., Respondent.

Court of Appeals of New York.

Decided October 22, 2009.

Attorney(s) appearing for the Case

Greenwald Law Offices, Chester (Gary Greenwald, Marc Leffler and David A. Brodsky of counsel), for appellant.

Mauro Goldberg & Lilling, LLP, Great Neck (Caryn Lilling and Richard J. Montes of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and JONES concur; Judge PIGOTT concurs in result in an opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced this dental malpractice action against defendant based on his allegedly negligent failure to repair an oral fistula. At trial, defendant moved in limine to preclude plaintiff from cross-examining defendant's expert regarding the fact that he and defendant were both shareholders of and insured by the same dental malpractice insurance...

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