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Successful Verdicts, Appeals and Judgments

Over the past twenty years of practice The Law Offices Of Henry Schwartz, Esq. has litigated hundreds of cases to successful conclusion. The vast majority of these cases will be subject to confidentiality agreements to protect the reputation of the parties. However, some results are public including the following successful results.

Successful Defense Verdicts

Leeds v. Levy (2019)

Henry Schwartz successfully obtained a unanimous defense verdict at trial before Justice Shlomo Hagler in Supreme Court, New York County. The plaintiff had claimed that our client, a general dentist, failed to diagnose and treat periodontitis during a fourteen-year course of treatment resulting in the breakdown of dentition requiring a full-mouth restoration, loss of bone and teeth, chronic pain and infection impairing mastication, and anxiety. In defense of our client, we successfully argued that the periodontal bone loss was caused by Plaintiff’s failure to attend regular hygiene appointments and employ adequate home care.

Socha v. Celella (2019)

Henry Schwartz successfully obtained a unanimous defense verdict at trial before Justice Jack L. Libert in Supreme Court, Nassau County. The plaintiff had claimed that our client, a general dentist, violated the biologic width in preparation and placement of maxillary crowns and bridges which required the removal and replacement of the entire upper prosthesis, and resulted in chronic gingival inflammation, mastication dysfunction, halitosis, and unaesthetic appearance impacting her career as a flight attendant. In defense of our client, we successfully argued that the prosthesis was prepared within standard and that the biologic width was not violated.

Campaign v. Kaus (2019)

Henry Schwartz successfully obtained a unanimous defense verdict at trial before Judge Carolyn Walker-Diallo in this Supreme Court, Kings County case that was referred to the Civil Court for trial. The plaintiff had claimed our client, a general dentist, had improperly performed root canals, resulting in permanent nerve and muscle injury diagnosed as trigeminal neuralgia, temporo-mandibular dysfunction, and debilitating permanent pain requiring life-time trigger point injections of lidocaine. In defense of our client, we successfully argued that plaintiff’s claims of pain was neuropathic in nature and was actually undiagnosed pre-existing fibromyalgia.

Crisci v. Gentile (Defense Verdict 2019)

Henry Schwartz successfully obtained a dismissal prior to the completion of trial before Justice Leonard Steinman in Supreme Court, Nassau County. The plaintiff had claimed that our client, a prosthodontist, failed to properly consider an orthodontic approach in providing prosthodontic treatment resulting in poorly functioning restoration which required replacement resulting in painful mastication, difficulty speaking, and an unaesthetic appearance. In defense of our client, we successfully argued that given the age and pre-existing condition, orthodontic consideration was contra-indicated.

Banks v. Chang (Defense Verdict 2018)

Henry Schwartz successfully obtained a defense verdict at trial before Justice Julia Rodriguez in Supreme Court, Bronx County. The plaintiff had claimed that our client, a general dentist, had negligently utilized an intra-osseous anesthetic resulting in separation of the instrument leaving a portion of surgical steel in plaintiff’s mandible and causing permanent nerve injury, diagnosed as trigeminal neuralgia, and intractable daily facial pain. In defense of our client, we successfully argued that plaintiff’s claims of pain were caused by dental issues and not a result of permanent nerve injury.

Kim v. Kim (2017)

Henry Schwartz successfully obtained a defense verdict at trial before Justice Kevin Kerrigan in Supreme Court, Queens County. The plaintiff had claimed that our client, a general dentist, had negligently placed an implant destabilizing adjacent teeth, resulting in permanent physical injury, including the loss of the top front teeth, and requiring multiple surgeries over a two-year period to construct permanent restorations. In defense of our client, we successfully argued that the placement of the implant was proper and that a subsequent trauma caused the claimed injuries.

Saini v. Rahman (2016)

Henry Schwartz successfully obtained a unanimous defense verdict at trial before Justice Leonard Livote in Supreme Court, Queens County. The plaintiff had claimed that our client, a general dentist, had damaged the lingual nerve as a result of the errant slip of a dental bur resulting in permanent neurological injuries. In defense of our client, we successfully argued that the slippage of a dental bur was not negligent, and that the plaintiff’s injuries were not a result of that event.

Akhsanov v. Kelner (2015)

Henry Schwartz successfully obtained a unanimous defense verdict at trial before Justice Philip Minardo in Supreme Court, Richmond County. The plaintiff had claimed that the inferior alveolar nerve was damaged as a result of the alleged improper root canal treatment performed by our client, a general dentist, resulting in permanent neurological injuries. In defense of our client, we successfully argued that the root canal was performed within the standard of care, and that the plaintiff had not suffered any permanent injuries.

Alishayeva v. Fatakhova (2014)

John Anderson successfully obtained a directed verdict at trial before Judge Jodi Orlow in Civil Court, City of New York, Queens County. The plaintiff had claimed that dental restorations were improperly placed by our client, a general dentist, resulting in the loss of multiple teeth. In defense of our client, we successfully argued that the dental restorations were performed within the standard of care.

Mosby v. Klein (2013)

Henry Schwartz successfully obtained a dismissal prior to the completion of trial before Justice Phyllis Orlikoff Flug in Supreme Court, Queens County. The plaintiff had claimed that the inferior alveolar nerve was damaged as a result of the alleged improper treatment of our client, a general dentist, resulting in permanent neurological injuries. In defense of our client, we successfully argued that the dental treatment was performed within the standard of care.

Jean-Pierre v. Ayoubi (2010)

Henry Schwartz successfully obtained a directed verdict at trial before Judge Kibbie F. Payne in Civil Court, City of New York, New York County. The plaintiff had claimed that our client, a general dentist, had improperly placed a dental restoration on an implant. In defense of our client, we successfully argued that the dental restoration was performed within the standard of care.

 

Successful Appeals

Garcia v. Richer (2015)

John Anderson successfully obtained a decision from the Appellate Division, Second Department affirming the dismissal of the case by Order of Justice Daniel Palmieri in Supreme Court, Nassau County. The plaintiff had claimed that our client, a general dentist, improperly performed dental treatment resulting in dental injury. In defense of our client, we successfully argued that the plaintiff’s expert submitted conclusory and speculative affirmations that were insufficient to raise a triable issue of fact. (132 A.D.3d 809)

Alvarado v. Ambulatory Oral Surgery (2015)

Cecily Goodrich successfully obtained a decision from the Appellate Term, Second Department affirming the dismissal of the case by Order of Judge Ulysses B. Leverett in Civil Court, City of New York, Queens County. The plaintiff had claimed that our client, a general dentist, negligently performed root canal therapy resulting in dental injury. In defense of our client, we successfully argued that there were no issues of fact establishing relevant dental treatment on the issue of liability. (49 Misc.3d 154(A))

Jean-Pierre v. Ayoubi (2012)

Henry Schwartz successfully obtained a decision from the Appellate Term, First Department affirming the directed verdict at trial before Judge Kibbie F. Payne in Civil Court, City of New York, New York County. The plaintiff had appealed the directed verdict, asserting that she had established a departure from accepted standards of dental practice, and that such departure was a proximate cause of her injuries. In defense of our client, a general dentist, we successfully argued that the plaintiff had not established any departures from the standard of care. (37 Misc.3d 128(A))

Recent Summary Judgment Motion Results

Hedvat v. Klein (Civil Court, New York City, New York County 2018)

Sam Cohen successfully moved for summary judgment in a case in Civil Court, New York County where the plaintiff had claimed that our client, a general dentist, provided him with improper dental treatment to multiple upper teeth, leading to the loss of said teeth. In her decision, Judge Carolyn Walker-Diallo found that plaintiff had failed to tender any evidence to rebut our expert on the issue of liability and dismissed the case.

Turchan v. Kokolis (Supreme Court, Queens County 2018)

John Anderson successfully moved for summary judgment in a case in Supreme Court, Queens County where the plaintiff had claimed that our client, a general dentist, had failed to properly perform a lower left wisdom tooth extraction resulting in damage to the inferior alveolar nerve, and neurological injuries including numbness and pain. In his decision, Justice Peter J. O’Donoghue found that plaintiff had failed to tender any evidence to create an issue of fact on the question of liability and dismissed the case.

Rodriguez v. Ibrahim (2018)

John Anderson and Sam Cohen successfully moved for summary judgment in a case in Supreme Court, Suffolk County where the plaintiff had claimed that our client, a general dentist, had failed to provide prophylactic antibiotics during a dental cleaning, resulting in an endocarditis infection, an aortic valve replacement procedure and other injuries. In his decision, Justice William Rebolini found that the plaintiff’s expert dentist and expert thoracic surgeon submitted conclusory and speculative affirmations that were insufficient to raise a triable issue of fact on the issue of liability and dismissed the case.

Boyko v. Eliav (2017)

Cecily Goodrich successfully moved for summary judgment in a case in Supreme Court, Kings County where the plaintiff claimed that our client, a general dentist, had improperly performed root canal therapy resulting in dental injury. In her decision, Justice Michelle Weston found that the plaintiff had failed to tender any evidence to rebut our expert on the issue of liability and dismissed the case.

Ballah v. Yapchulay (2016)

John Anderson successfully moved for summary judgment in a case in Supreme Court, Kings County where the plaintiffs claimed that our client, a general dentist, had negligently performed dental restorations resulting in the loss of multiple upper teeth. In her decision, Justice Michelle Weston found that the plaintiff had failed to tender any evidence to rebut our expert on the issue of liability and dismissed the case as against our client.

Bremer v. Maddali (2016)

John Anderson successfully moved for summary judgment in a case in Supreme Court, New York County where the plaintiff claimed that our client, a general dentist, had negligently performed a dental restoration on an upper tooth resulting in the loss of that tooth. We moved to dismiss multiple dates of claimed malpractice as being barred by the applicable statute of limitations. In her decision, Justice Alice Schlesinger granted the motion, holding that the statute of limitations barred claims of malpractice for treatment rendered on the time-barred dates. As a result of the decision, the plaintiff discontinued the case in full against our client.

Pure v. Zuckerman (2016)

John Anderson and Cecily Goodrich successfully moved for summary judgment in a case in Supreme Court, Nassau County where the plaintiff claimed that our client, a general dentist, had negligently performed a dental extraction resulting in an acute prosthetic knee infection, requiring replacement of the prosthetic knee. In her decision, Justice Karen Murphy held that the plaintiffs’ self-serving declarations and evidence failed to rebut the findings of our expert on the issue of liability and dismissed the case.

Vanderbilt v. Kaplan (2016)

Cecily Goodrich successfully moved for summary judgment in a case in Supreme Court, Queens County, where the plaintiff claimed that our client, a general dentist, had failed to diagnose and treat periodontal disease over a number of years leading to the loss of multiple upper and lower teeth. In his decision, Justice Peter J. O’Donoghue found that the plaintiff’s expert failed to raise a question of fact sufficient to rebut the findings of our expert on the issue of liability and dismissed the case.

Johnson v. East Harlem Dental, P.C. (Supreme Court, New York County 2015)

John Anderson successfully moved for summary judgment in a case in Supreme Court, New York County where the plaintiff claimed that our client, a general dentist, had improperly provided dental treatment to her resulting in dental injury. In her decision, Justice Joan B. Lobis found that there were no issues of fact establishing relevant dental treatment on the issue of liability and dismissed the case as against our client.

Collado v. Davidson (Supreme Court, Queens County 2015)

John Anderson successfully moved for summary judgment in a case in Supreme Court, Queens County where the plaintiff claimed that our client, a general dentist, had failed to properly perform root canal therapy resulting in damage to the trigeminal nerve and claimed neurological injuries including trigeminal neuralgia. In his decision, Justice Peter J. O’Donoghue found that the plaintiff had failed to tender any evidence to rebut our expert on the issue of liability and dismissed the case as against our client.

Garcia v. Richer (2014)

John Anderson and Cecily Goodrich successfully moved for summary judgment in a case in Supreme Court, Nassau County where the plaintiff claimed that our clients, both general dentists, had negligently performed root canal therapy resulting in dental injury. In his decision, Justice Daniel Palmieri found that the plaintiff’s expert had failed to establish any issues of fact to rebut our expert on the issue of liability and dismissed the case.

Debs-Galland v. Morton (2014)

John Anderson successfully moved for summary judgment in a case in Supreme Court, New York County where the plaintiffs claimed that our client, a general dentist, had improperly provided treatment to his upper front teeth resulting in injury. In his decision, Justice Milton A. Tingling held that the plaintiffs’ expert proffered conclusory opinions that failed to rebut the findings of our expert on the issue of liability and dismissed the case.

Raissi v. Groman (2014)

John Anderson successfully moved for summary judgment in a case in Civil Court, City of New York, New York County, where the plaintiff claimed that our client, a general dentist, provided him with improper dental treatment to multiple upper teeth, leading to the loss of said teeth. In her decision, Judge Andrea Masley found that the plaintiff had failed to tender any evidence to rebut our expert on the issue of liability and dismissed the case.

Alvarado v. Ambulatory Oral Surgery (2014)

Cecily Goodrich successfully moved for summary judgment in a case in Civil Court, City of New York, Queens County, where the plaintiff claimed that our client, a general dentist, improperly provided dental treatment to him resulting in dental injury. In his decision, Judge Ulysses B. Leverett found that there were no issues of fact establishing relevant dental treatment on the issue of liability and dismissed the case.