Perlin v. King

• Court: New York Supreme Court — Appellate Division
• Citation: Perlin v. King, 36 A.D.3d 495, 828 N.Y.S.2d 53, 2007 NY Slip Op 374 (N.Y. App. Div. 2007)
• Decision Date: 18 January 2007
• Docket Number: 9865.
• Parties: DANIEL PERLIN et al., Respondents, v. MICHAEL KING, D.D.S. et al., Appellants.

36 A.D.3d 495

828 N.Y.S.2d 53

2007 NY Slip Op 00374

DANIEL PERLIN et al., Respondents, v. MICHAEL KING, D.D.S. et al., Appellants.

9865.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 18, 2007.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered June 5, 2006, which, insofar as appealed from as limited by defendant's brief, granted plaintiffs' motion to set aside the verdict awarding infant plaintiff $5,000 and $27,500 for past and future pain and suffering, respectively, and directed a new trial on damages unless defendant stipulated to increase the awards for past and future pain and suffering to $25,000 and $175,000, respectively, unanimously modified, on the facts, to reduce the additur for future pain and suffering to $127,500, and otherwise affirmed, without costs.

Credited expert testimony established that defendant pediatric dentist committed dental malpractice by failing to diagnose and treat infant plaintiff's congenital tooth and jawbone disorders, ankylosis and anodontia, and...