[*1]
Prosina v Tone
2005 NY Slip Op 51647(U) [9 Misc 3d 133(A)]
Decided on October 17, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 17, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: JANUARY 2005 TERM McCOOE, J.P., DAVIS, SCHOENFELD, JJ.


Giovanni Prosina, Plaintiff-Appellant, 570638/04

against

Zoe S. Tone, DDS., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered July 7, 2004 after trial (Analisa Torres, J.) in favor of defendant dismissing the action.


PER CURIAM:

Judgment entered on or about July 7, 2004 (Analisa Torres, J.), affirmed, without costs.

Plaintiff's failure to present competent medical evidence demonstrating that defendant departed from accepted dental procedure in providing a faulty denture was fatal to his dental malpractice claim, even in the context of this small claims action (see Streeter v Ackerman, 2003 NY
Slip Op 51199[U] (App Term, 1st Dept]).

This constitutes the decision and order of the court.
Decision Date: October 17, 2005