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DeVito v. NYU College of Dentistry
New York Supreme Court
544 N.Y.S.2d 109 (1989)
- Written by Jody Stuart, JD
Facts
New York University College of Dentistry (NYU) (defendant) operated a dental clinic in which patients agreed to be treated by supervised students in exchange for reduced fees. Carmen DeVito (plaintiff) signed a release prior to receiving treatment at NYU. The release provided that DeVito released NYU from any and all liability arising from any injuries DeVito might sustain as a result of treatment on NYU’s premises. DeVito was treated at the NYU clinic for a year. Subsequently, DeVito sued NYU for dental malpractice, alleging negligent acts, and NYU moved for summary judgment. NYU argued that the release DeVito signed precluded the malpractice action.
Rule of Law
Issue
Holding and Reasoning (Preminger, J.)
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