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COLE v. JOHNSON

6233, 106530/05.

90 A.D.3d 441 (2011)

934 N.Y.S.2d 131

2011 NY Slip Op 8808

ROSALIND COLE, Appellant, v. MARK JOHNSON, D.D.S., Respondent, et al., Defendants.

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

Decided December 6, 2011.

In this action for dental malpractice, plaintiff alleged that defendant Johnson deviated from good and accepted dental care by placing a putty-like substance known as cavit over her tooth until a scheduled root canal could be performed.

The jury's verdict was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). Defendant submitted evidence that he did not deviate...

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