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MARCOTRIGIANO v. DENTAL SPECIALTY ASSOC., P.C.

2021-06484. Index No. 523224/16.

209 A.D.3d 850 (2022)

176 N.Y.S.3d 146

2022 NY Slip Op 05845

Melissa Marcotrigiano, Respondent, v. Dental Specialty Associates, P.C., Defendant, and Scott Howard Maurer, Appellant.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Fumuso, Kelly, Swart, Farrell, Polin & Christesen, LLP, Hauppauge, NY (Scott G. Christesen of counsel), for appellant.

Jordan R. Pine & Associates, PLLC, Rock Hill, NY, for respondent.

Marulli, Mannarino, Erichsen & Tomaszewski, LLP, New York, NY (Samuel A. Messa and Francesca M. Erichsen of counsel), for defendant.

Barros, J.P., Maltese, Wooten and Warhit, JJ., concur.

In an action, inter alia, to recover damages for dental malpractice, the defendant Scott Howard Maurer appeals from an order of the Supreme Court, Kings County (Bernard J. Graham, J.), dated August 16, 2021. The order, insofar as appealed from, denied that branch of that defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the amended complaint insofar as asserted against him.

Ordered that the order is affirmed...

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