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SANTULLO v. CHEN

Index No. 25552/14E. Appeal No. 13993. Case No. 2020-03196.

195 A.D.3d 453 (2021)

149 N.Y.S.3d 66

2021 NY Slip Op 03535

Pasquale Santullo et al., Respondents, v. Tony K. Chen, D.D.S., et al., Appellants, et al., Defendants.

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

Decided June 3, 2021.

Attorney(s) appearing for the Case

Furman Kornfeld & Brennan, New York ( Irina Zamyatin of counsel), for appellants.

Silver & Kelmachter, LLP, New York ( Damon J. Velardi of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.

Plaintiffs allege that Dr. Chen and his practice committed dental malpractice between June 4, 2012 and October 5, 2012 when Dr. Chen failed to refer plaintiffs' decedent to an oral surgeon for biopsy of a 2 cm gingival lesion. The lesion was ultimately determined to be cancerous and was surgically removed. At the time of surgery, the lesion was T2. Plaintiffs claim that Dr. Chen's failure to refer decedent to an oral surgeon caused the lesion to go undiagnosed and untreated...

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