Opinion
Decided September 11, 2007.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 10, 2006. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, New York County (Alice Schlesinger, J.), which had denied defendant's motion for summary judgment, (2) granted the motion and (3) dismissed the complaint.
Plaintiff commenced a dental malpractice action for injuries allegedly sustained as a result of teeth extractions. Plaintiff alleged that defendant dentist committed malpractice when he failed to personally see plaintiff the day following the extractions when she called his office with complaints of pain and swelling, and when defendant failed to provide for alternate aftercare treatment while he was away for the weekend following the extractions.
Alvarado v. Miles, 32 AD3d 255, affirmed.
Debra S. Reiser, New York City, for appellant.
Newman Fitch Altheim Myers, P.C., New York City ( Michael H. Zhu of counsel), for respondent.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
The expert affidavit submitted by plaintiff is conclusory and insufficient to raise an issue of fact as to whether defendant's failure to see plaintiff personally on July 11 was a departure from the requisite standard of care. There is conflicting evidence as to whether defendant departed from the requisite standard of care by failing to arrange coverage for plaintiff during his absence on July 13, but this failure, if it occurred, was not a substantial factor in causing plaintiffs injuries.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, in a memorandum.