NYSDA Publications

New York State Appellate Division First Department Grants Summary Judgment to Dentists in Malpractice Case

The Appellate Division, First Department, of the New York State Supreme Court, has reversed the lower court and granted summary judgment to the defendants, including dentists, in a malpractice case -- Mulroe v. New York-Presbyterian Hospital.  The Appellate Division held that the plaintiff’s expert’s opinion that the patient did not have cancer was contrary to the factual record and that such an opinion failed to rebut the defense expert’s opinion that the patient’s underlying invasive jaw cancer was the cause of her treatment failure.  The case is another example of how expert opinions must be grounded in the factual record of a case in order to be given any weight.  To read the complete court opinion in Mulroe v. New York-Presbyterian Hospital, use the link below.