DOMBROW v. Dr. Herman Sobel, Defendant-Appellant. (1997)

Supreme Court, Appellate Division, First Department, New York.

Larry DOMBROW, et al., Plaintiffs-Respondents, v. Peter A. ROSENSTEIN, Defendant, Dr. Herman Sobel, Defendant-Appellant.

Decided: May 13, 1997

Before SULLIVAN, J.P., and MILONAS, NARDELLI and WILLIAMS, JJ.

Christopher H. Cloud, New York City, for Plaintiffs-Respondents. Peter L. Contini, Garden City, for Defendant-Appellant.

Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about February 29, 1996, which, in an action for dental malpractice, denied defendant-appellant's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

We agree with the motion court that inasmuch as defendant failed to establish that his treatment of plaintiff did not draw blood and that his sterilization and antiseptic procedures were appropriate, such treatment cannot be ruled out as a possible cause of plaintiff's hepatitis B (see, Nowlin v. City of New York, 81 N.Y.2d 81, 89, 595 N.Y.S.2d 927, 612 N.E.2d 285).

MEMORANDUM DECISION.

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