Brady v. Public Service Mutual Insurance Co.

Full title: JOHN BRADY et al., Appellants, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1990

167 A.D.2d 368 (N.Y. App. Div. 1990)

561 N.Y.S.2d 598

Opinion

November 13, 1990

Appeal from the Supreme Court, Dutchess County (Beisner, J.).

Ordered that the judgment is affirmed, with costs.

From May of 1980 through August of 1981, the appellant John Brady, D.D.S., was covered by a dental malpractice insurance policy issued by the respondent, Public Service Mutual Insurance Company. Beginning September 1, 1981, Dr. Brady was covered by a dental malpractice insurance policy issued by the appellant Aetna Casualty Surety Company. We agree with the Supreme Court that the failure of Dr. Brady to obtain a complete medical history from his patient, Thomas A. Green, Sr., on May 13, 1980, was not a proximate cause of the injuries suffered by Green as a result of an October 2, 1981, tooth extraction performed by Dr. Brady. Accordingly, the negligence, if any, committed by Dr. Brady occurred solely while the insurance policy issued by the appellant Aetna Casualty Surety Company was in effect. Mangano, P.J., Thompson, Sullivan and Rosenblatt, JJ., concur.