Claim Dismissed in New York State Appellate Division, First Department

05/25/16

James Modzelewski, a partner in Rawle & Henderson LLP's Long Island office, successfully defended the dismissal of a claim against his client, an oral surgeon, on appeal before the Appellate Division, First Department.  In this malpractice case, the plaintiff claimed the various defendants, including dentists and a hospital, negligently treated her and failed to complete treatment which she expected them to perform.  The patient brought suit under numerous legal theories including malpractice, lack of informed consent and breach of contract.  As a result of motion practice at the trial court level, the court dismissed all claims based on the legal insufficiency of the plaintiff’s Complaint and denied the patient’s attempts to amend the pleadings.  An appeal of that decision and order was brought by the plaintiff.  In an order dated May 19, 2016 (139 A.D.3d 531, 30 N.Y.S.3d 548), the appellate panel unanimously affirmed the dismissal of all claims and denial of plaintiff’s attempts to remedy the deficiency in the pleadings by upholding the lower court’s decision.