The Appellate Division, Second Department, of the New York State Supreme Court – in Lesniak v. Huang
– has reversed the lower court and reinstated a dental malpractice case against the dentist on the basis that weaknesses in the plaintiff’s expert witness affidavit did not require dismissal of the case, but was merely a factor that would go to the weight of the evidence at trial. The court determined that conflicting expert opinions in the case raised triable issues of fact for a jury to consider, not to compel a dismissal before trial. To read the complete court decision in Lesniak v. Huang
, use the link below.