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KEATING v. ZIRLINGER

Appellate Division of the Supreme Court of New York, Second Department.
Feb 2, 2004
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DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants made out a prima facie case for summary judgment by showing that the now-deceased Dr. David J. Zirlinger did not commit dental malpractice in his treatment of the plaintiff. In response thereto, the plaintiff failed to show the existence of a triable issue of fact with respect to the alleged dental malpractice, or that the doctrine of res ipsa loquitur was applicable here. Accordingly, the Supreme Court properly dismissed his cause of action alleging dental malpractice ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324-325; Hardy v. Lojan Realty Corp., 303 A.D.2d 457; cf. States v. Lourdes Hosp., 100 N.Y.2d 208, 214; Porter v. Milhorat, 303 A.D.2d 736).

The plaintiff's remaining contentions are without merit.

FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.