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DIEL v. BRYAN

CA 09-01791.

71 A.D.3d 1439 (2010)

896 N.Y.S.2d 782

JULIE DIEL, Individually and as Mother and Natural Guardian of BRANDON DIEL, an Infant, and as Administratrix of the Estate of BRANDON DIEL, Deceased, Respondent, v. AMY BRYAN, D.D.S., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 19, 2010.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action, individually and on behalf of her son (decedent), and as administratrix of decedent's estate, seeking damages for decedent's wrongful death and conscious pain and suffering that allegedly resulted from the improper administration of anesthesia during a tooth extraction procedure. According to plaintiff, defendant also deviated...

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