Robinson-Reese v Kopp
2009 NY Slip Op 04221 [62 AD3d 980]
May 26, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


Inger Robinson-Reese, Respondent,
v
William Kopp et al., Appellants.

—[*1] Finder and Cuomo, LLP, New York, N.Y. (Sherri A. Jayson of counsel), for appellants.

Lufty & Santora, Staten Island, N.Y. (Joseph Santora of counsel), for respondent.

In an action, inter alia, to recover damages for dental malpractice, the defendants appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated October 16, 2008, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint based on the conflicting opinions of the defendants' and the plaintiff's experts (see Roca v Perel, 51 AD3d 757 [2008]; Bengston v Wang, 41 AD3d 625 [2007]; Graham v Mitchell, 37 AD3d 408 [2007]; Feinberg v Feit, 23 AD3d 517, 518 [2005]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Spolzino, J.P., Santucci, Florio and Balkin, JJ., concur.