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Lisa v. New York

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 352 (N.Y. App. Div. 2007)

Opinion

No. 1960.

November 13, 2007.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 22, 2007, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Joel M. Kotick, New York, for appellant.

Before: Tom, J.P., Friedman, Gonzalez, Sweeny and Kavanagh, JJ.


Dismissal of the complaint on the basis that it was commenced beyond the 2½-year statute of limitations for an action alleging dental malpractice was appropriate (CPLR 214-a). Defendant established through documentary evidence that following plaintiffs last scheduled appointment on March 4, 2003, it placed plaintiff on notice of its decision to discontinue treating her and that she was to pursue outside consultation for her orthodontic complaints, and there is no basis upon which to find that defendant anticipated providing further orthodontic services to plaintiff ( see Plummer v New York City Health Hosps. Corp., 98 NY2d 263, 267-268). Accordingly, the commencement of this action on September 28, 2005 was untimely.


Summaries of

Lisa v. New York

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 352 (N.Y. App. Div. 2007)
Case details for

Lisa v. New York

Case Details

Full title:LISA CRESSON, Appellant, v. NEW YORK UNIVERSITY COLLEGE OF DENTISTRY…

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 352 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8748
845 N.Y.S.2d 277