There was a malpractice action that was brought against a dentist a few years ago, and the dentist tried to get the case dismissed claiming that there was no standing since the statute of limitations had run out, as reported by the New York Law Journal in a March 27, 2013 news article.

In addition, the dentist claimed that he sold his dental office to another dentist in 2002 and after he sold his practice he retired and had not preformed any type of services after his retirement. The injured patient challenged this assertion claiming that the dentist worked after the time he, so called retired as the dentist performed dental services for him in 2003, 2006 and 2007.

The court did not dismiss the case because the issue that the court has to decide is when, in fact, the dentist had retired. Moreover, the court discovered that there are “New York State records” depicting that the dentist was still “connected” to the dentist he sold his practice to so. Allowing the case to proceed further will reveal in the discovery stage whether the dentist had some type of stake in the dental practice after he sold it.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at