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CASTRO v. YAKOBASHVILLI

24069/2013. Appeal No. 11931. Case No. 2020-00442.

187 A.D.3d 403 (2020)

129 N.Y.S.3d 763

2020 NY Slip Op 05281

Awilda Castro, Respondent, v. Guram Yakobashvilli, D.D.S., Appellant.

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

Decided October 1, 2020.

Defendant's motion for summary judgment was properly denied as to the dental malpractice claim. Although defendant's expert affidavit was sufficient to meet his prima facie burden, plaintiff's expert affidavit was sufficient to raise issues of fact. Plaintiff's expert opined that teeth numbers 5, 6, 10, 11, 20, and 29 could have been saved; that it was a departure from the standard of care to extract these teeth without referring...

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