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Montgomery v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1935
245 App. Div. 732 (N.Y. App. Div. 1935)

Opinion

June, 1935.


Action for malpractice against a dentist. Judgment in favor of plaintiff reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The evidence was sufficient to justify the verdict that appellant was negligent in failing to remove part of the root of a tooth extracted by him. The court erred, however, in charging that appellant was liable for the negligence of another dentist, who fractured plaintiff's jaw when attempting to remove the root. ( Carpenter v. Blake, 75 N.Y. 12; Doyle v. New York Eye Ear Infirmary, 80 id. 631; DuBois v. Decker, 130 id. 325.) Lazansky, P.J., Young, Carswell, Tompkins and Johnston, JJ., concur.


Summaries of

Montgomery v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1935
245 App. Div. 732 (N.Y. App. Div. 1935)
Case details for

Montgomery v. Edelstein

Case Details

Full title:BIRNEY S. MONTGOMERY, Respondent, v. JULIUS H. EDELSTEIN, Appellant, and…

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

Date published: Jun 1, 1935

Citations

245 App. Div. 732 (N.Y. App. Div. 1935)

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