Dismissal of Dental Case

by | Oct 15, 2018 | Case Results, Dental Malpractice | 0 comments

Senior Trial Partner Jeff Shor and Associate Conrad Chayes obtained a dismissal in Supreme Court, Bronx County. The case involved a 47-year-old woman who alleged that our client dentist was negligent in the dental work performed over a number of years resulting in removal of all of her teeth, bone scoring and grafting. Our client’s dentist passed away which complicated the defense given that he had not entered a single progress note in the record over the last seven months of treatment. The defense moved to dismiss on numerous grounds including statute of limitations and failure to properly serve the Estate. Our proof included obtaining an Affidavit from the Suffolk County Public Administrator showing that service was improper. Our motion was granted and all claims were dismissed.