Calabro v. Hescheles
Opinion of the Court
In an action, inter alia, to recover damages for dental malpractice, the defendant Peter R. Auster appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated October 15, 2004, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.
Ordered that the order is affirmed insofar as appealed from, with costs.
The requisite elements of proof in a medical or dental malpractice action are a deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage (see Holbrook v United Hosp. Med. Ctr., 248 AD2d 358, 359 [1998]; Bloom v City of New York, 202 AD2d 465 [1994]). The appellant’s submissions on his motion
Case-law data current through December 31, 2025. Source: CourtListener bulk data.