MARY BETH CORDERO, plf-res, v. SAMMI YEUNG, D.D.S. def-ap

1828-1829. MARY BETH CORDERO, plf-res, v. SAMMI YEUNG, D.D.S. def-ap — Mauro Lilling Naparty LLP, Woodbury (Katherine Herr Solomon of counsel), for ap — Joel M. Kotick, New York, for res — Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about January 6, 2016, which granted plaintiff’s posttrial motion to set aside the verdict and ordered a new trial, unanimously reversed, on the law and the facts, and the jury verdict reinstated. Appeal from interim order, same court and Justice, entered July 28, 2015, unanimously dismissed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

On October 4, 2009, plaintiff Mary Beth Cordero presented to defendants Drs. Sammi and Michael Yeung’s dental practice, Yeung’s Dental, P.C. Two years later, in December 2011, a tumor (an ameloblastoma) was discovered in the lower left side of plaintiff’s mouth. Plaintiff alleges that the tumor should have been detected on an October 2009 bitewing x-ray taken at defendants’ office.