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HAMPTON v. UNIVERSAL DENTAL

1406, 805088/12, 590378/13.

140 A.D.3d 462 (2016)

35 N.Y.S.3d 3

2016 NY Slip Op 04361

KYLE HAMPTON, Respondent, v. UNIVERSAL DENTAL et al., Defendants, and SOL STOLZENBERG, D.M.D., P.C., Doing Business as TOOTHSAVERS, Appellant/Third-Party Plaintiff-Appellant, et al., Third-Party Plaintiff, et al., Third-Party Defendants.

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

Decided June 7, 2016.

The motion court correctly found that questions of fact existed regarding the relationship between Toothsavers NY and defendants David Cohen, as executor of the estate of Morton Cohen, D.D.S., and Morton Cohen, PA (Toothsavers NJ) (see Fields v Seavey Org., 258 A.D.2d 414, 415 [1st Dept 1999]). Further, questions of fact exist as to whether Toothsavers NY is vicariously liable for the malpractice of Toothsavers NJ, if any, based...

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