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Decided on July 9, 2009
Mount Vernon City Ct

0808-09
Veronica I. Banton, Esq. Attorney for Plaintiff 6 Gramatan Avenue Mt. Vernon, New York 10550 John G. Molloy, Esq. Attorney for Defendant 305 Old Tarrytown Road
White Plains, New York 10603
Adam Seiden, J.
Plaintiff commenced this small claims action on February 9, 2009 seeking to recover $5,000.00 (five thousand dollars) alleging defendant's failure to provide proper dental services.
A trial was held on April 15, 2009, where the credible testimony and evidence established that plaintiff's patient-dentist relationship with the defendant began in 2005. In April 2005, plaintiff visited the defendant's office, wherein defendant conducted an oral examination of the plaintiff's mouth. Plaintiff told defendant that she wanted to have her teeth fixed and inquired about implants and dentures. Plaintiff opted to have upper and lower partial dentures. Defendant took measurements and made impressions of plaintiff's mouth; plaintiff paid a total of $4500.00 for the dentures.
On May 19, 2005 defendant delivered the upper and lower partial implants to plaintiff. At the initial fitting, defendant told plaintiff that she would get used to the feel of the dentures after wearing them for a while. On June 9, 2005, plaintiff returned to defendant's office for a denture adjustment after complaining that the dentures did not fit properly. Defendant marked where the lower dentures were hurting plaintiff and advised her that the upper dentures were a perfect fit and could not be adjusted.
On June 23, 2007, plaintiff returned to the defendant's office. According to the plaintiff's examination record submitted by the defendant, plaintiff advised the defendant that she had stopped wearing her upper dentures for a period of time and that when she attempted to put it back in it would not stay. She further advised that she had been carrying the dentures around in her pant pocket and felt it bend and since then, has not been wearing the upper denture. An examination of the denture revealed that the framework bent. The defendant attempted to realign the denture, but it proved to be beyond repair. Defendant advised plaintiff that she would need a new upper denture. Plaintiff told the defendant that she would let him know at a later date if she planned to replace the denture.
Plaintiff did not return to the defendant's office after June 2007. In September [*2]2007, plaintiff sought the services of a new dentist, Dr. Ariel Stein of Mount Vernon. Dr. Stein prepared a new denture for plaintiff. Plaintiff presented a receipt from Dr. Stein's office and advised that she paid $2,500.00 for the new denture.
Under CPLR

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New York Law