Kolb v. Strogh

Appellate Division of the Supreme Court of New York

Kolb v. Strogh

172 A.D.2d 804, 570 N.Y.S.2d 984, 1991 N.Y. App. Div. LEXIS 5501

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 1991

StatusPublished

This text of 172 A.D.2d 804 (Kolb v. Strogh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kolb v. Strogh, 172 A.D.2d 804, 570 N.Y.S.2d 984, 1991 N.Y. App. Div. LEXIS 5501 (N.Y. Ct. App. 1991).

Pincite

Opinion

In an action to recover damages for personal injuries arising from alleged dental malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), entered September 26, 1989, which denied his motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

We find that the plaintiff satisfied her burden of producing evidentiary proof in admissible form establishing the existence of a material question of fact as to the defendant’s negligence in treating her (see, Alvarez v Prospect Hosp., 68 NY2d 320). Because this issue requires a trial of the action, the Supreme Court properly denied the defendant’s motion for summary judgment. Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.

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In an action to recover damages for personal injuries arising from alleged dental malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), entered September 26, 1989, which denied his motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

We find that the plaintiff satisfied her burden of producing evidentiary proof in admissible form establishing the existence of a material question of fact as to the defendant’s negligence in treating her (see, Alvarez v Prospect Hosp., 68 NY2d 320). Because this issue requires a trial of the action, the Supreme Court properly denied the defendant’s motion for summary judgment. Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.

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Bluebook (online)

172 A.D.2d 804, 570 N.Y.S.2d 984, 1991 N.Y. App. Div. LEXIS 5501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kolb-v-strogh-nyappdiv-1991.

Opinion

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