BROOKE BIONDI, plf-res, v. DAVID BEHRMAN, D.M.D. def-ap, DAVID YANG, D.D.S. def

2358. BROOKE BIONDI, plf-res, v. DAVID BEHRMAN, D.M.D. def-ap, DAVID YANG, D.D.S. def — Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for ap — Law Offices of Lawrence P. Biondi, Garden City (Lisa M. Comeau of counsel), for res — Order, Supreme Court, New York County (Douglas E. McKeon, J.), entered on or about October 15, 2015, which denied defendant-appellants' motion for summary judgment dismissing the complaint, and granted plaintiff's cross motion to amend the bill of particulars, reversed, on the law, without costs, the motion granted, and the cross motion denied as academic. The Clerk is directed to enter judgment in favor of defendantsappellants.

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2358. BROOKE BIONDI, plf-res, v. DAVID BEHRMAN, D.M.D. def-ap, DAVID YANG, D.D.S. def — Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for ap — Law Offices of Lawrence P. Biondi, Garden City (Lisa M. Comeau of counsel), for res — Order, Supreme Court, New York County (Douglas E. McKeon, J.), entered on or about October 15, 2015, which denied defendant-appellants’ motion for summary judgment dismissing the complaint, and granted plaintiff’s cross motion to amend the bill of particulars, reversed, on the law, without costs, the motion granted, and the cross motion denied as academic. The Clerk is directed to enter judgment in favor of defendantsappellants.

Plaintiff was born with a congenital condition, CHARGE syndrome, that involves a constellation of symptoms, including ear abnormality. She had preexisting bilateral hearing loss and a significant underbite with an underdeveloped and asymmetric jaw, resulting in the nonalignment of her teeth with the midline of her face. Plaintiff and her family consulted with Dr. Behrman, an oral and maxillofacial surgeon, concerning a plan to correct the skeletal deformity, and plaintiff consented to the elective double-jaw orthognathic surgery. In her complaint and bill of particulars, plaintiff alleges that, as a result of the surgery, she suffered further hearing loss, numbness of lips, chin and lower facial areas, as well as problems with her midline bite and posterior occlusion.

BROOKE BIONDI, plf-res, v. DAVID BEHRMAN, D.M.D. def-ap, DAVID YANG, D.D.S. def

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