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New York State Appellate Division, Second Department, Reinstates Dental Malpractice Case

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.