The Appellate Division, Third Department, of the New York State Supreme Court has dismissed a dental malpractice case, Viscusi v. Albany County Dental Associates, on the basis that the plaintiff had already lost the case in Small Claims Court, never appealed that decision, and that the case could not then be revived in New York State Supreme Court by adding in a specific named dentist as a separate defendant.  The court held that the specific named dentist was just an employee of the dental practice and, as such, was covered by the previous Small Claims Court dismissal against the employer.  The case is an excellent illustration that a patient is not entitled to multiple bites at the apple once having lost in Small Claims Court and having failed to appeal that Small Claims Court decision.  You can read the complete court opinion in Viscusi v. Albany County Dental Associates here: Viscusi v Albany County Dental Associates.