Mauhoi Tung v Chiu (2006 NY Slip Op 50068(U))

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Mauhoi Tung v Chiu

2006 NY Slip Op 50068(U) [10 Misc 3d 142(A)]

Decided on January 20, 2006

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 20, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
570802/05.

Mauhoi Tung, Plaintiff-Appellant,

against

Henry Chiu, D.D.S., d/b/a Mott Street Dental Services P.C., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County (Jeffrey K. Oing, J.), dated February 2, 2005, which granted defendant's motion for summary judgment dismissing the complaint.

PER CURIAM:
Order (Jeffrey K. Oing, J.), dated February 2, 2005, affirmed, with $10 costs.

Civil Court properly dismissed this dental malpractice action. Defendant's expert medical opinion established a prima facie showing of entitlement to judgment as a matter of law. Plaintiff's opposition, unsupported by competent medical evidence tending to establish the essential elements of dental malpractice, was insufficient to defeat summary judgment (see Weisenthal v. Weinberg, 17 AD3d 270 [2005]; cf. Prigorac v. Park, 20 AD3d 363 [2005]).

This constitutes the decision and order of the court.
Decision Date: January 20, 2006