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Ragusa v. Winter

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2006
28 A.D.3d 313 (N.Y. App. Div. 2006)

Opinion

8270.

April 13, 2006.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered June 20, 2005, which denied defendant's motion for partial summary judgment dismissing as time-barred plaintiff's dental malpractice claims insofar as they are premised on treatment occurring on or before December 15, 2000, unanimously affirmed, without costs.

Wilson, Elser, Moskowitz, Edelman Dicker LLP, White Plains (Kimberly Andrade of counsel), for appellant.

Viders Wiesen, Carle Place (Mitchel Lidowsky of counsel), for respondent.

Before: Andrias, J.P., Saxe, Nardelli, Catterson and Malone, JJ.


Plaintiff commenced this action in July 2003. Defendant began treating plaintiff in December 1997 for upper maxillary dental implants. Plaintiff raised an issue of fact as to whether that treatment, in the course of which the alleged malpractice occurred, continued within the statutory period. According to plaintiff, the implant process was still ongoing in October 2002, through which time she continued to consult defendant respecting pain and discomfort from the implants ( see Denlea v. Hanswirth, 303 AD2d 711).


Summaries of

Ragusa v. Winter

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2006
28 A.D.3d 313 (N.Y. App. Div. 2006)
Case details for

Ragusa v. Winter

Case Details

Full title:ROSALIE RAGUSA, Respondent, v. ALAN A. WINTER, D.D.S., Appellant

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

Date published: Apr 13, 2006

Citations

28 A.D.3d 313 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2810
813 N.Y.S.2d 410