Siegel v. Wank

270 A.D.2d 573, 703 N.Y.S.2d 835, 2000 N.Y. App. Div. LEXIS 2655
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 9, 2000
StatusPublished
Cited by4 cases

This text of 270 A.D.2d 573 (Siegel v. Wank) 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
Siegel v. Wank, 270 A.D.2d 573, 703 N.Y.S.2d 835, 2000 N.Y. App. Div. LEXIS 2655 (N.Y. Ct. App. 2000).

Opinion

—Crew III, J.

Cross appeals (1) from a judgment of the Supreme Court (Relihan, Jr., J.), entered May 22, 1998 in Tompkins County, upon a verdict rendered in favor of plaintiff and against defendant Jeffrey A. Watson, and (2) from an order of said court, entered May 22, 1998, which partially granted said defendant’s motion to set aside the verdict and granted a new trial on the issue of damages unless plaintiff stipulated to a reduced verdict.

Plaintiff, a professor at Cornell University, commenced this dental malpractice action against defendant Jeffrey A. Watson (hereinafter defendant) and defendant Harvey Wank seeking to recover for damages she allegedly sustained following the installation of four titanium dental implants, two on the upper right and two on the upper left of plaintiffs jaw, in July 1988. During the year that followed this surgery, plaintiff experienced a number of complications, including severe bleeding, a bad [574]*574taste and odor in her mouth, repeated infections, changed facial contours, difficulties speaking, a persistent feeling of “tongue crowding” and the disintegration of her temporary prosthesis. Following the installation of her permanent prosthesis in July 1989, plaintiff still found it very difficult to speak and/or project her voice, and the pain in her face and tongue crowding persisted.

Between July 1989 and May 1991, plaintiff consulted with a number of dental specialists in an attempt to resolve the problems that she was experiencing. To that end, plaintiff sought treatment from Paul Schnitman, a dentist specializing in prosthodontics, who removed the prosthesis and the anterior upper right implant. Thereafter, in late 1992, plaintiff sought treatment from two additional specialists, Ira Zinner and Stanley Small, who ultimately removed the remaining upper right implant and installed new implants at that location. Following this surgery and the installation of a new prosthesis, plaintiff’s speech essentially returned to normal.

Plaintiff commenced this action in March 1991 and, following joinder of issue, extensive discovery and an unsuccessful motion to dismiss the complaint (see, 183 AD2d 158), the matter proceeded to trial in March 1998.

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Cite This Page — Counsel Stack

Bluebook (online)
270 A.D.2d 573, 703 N.Y.S.2d 835, 2000 N.Y. App. Div. LEXIS 2655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegel-v-wank-nyappdiv-2000.