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Khiterer v. Bell
Civil Court, City of New York, Kings County
2005 WL 192354 (N.Y. City Civ. Ct. Jan. 28, 2005)
Inna Khiterer (plaintiff) received dental treatment from Dr. Mina Bell (defendant). Khiterer needed crowns put in and ordered porcelain-on-gold crowns. Instead, Bell put in porcelain crowns. Khiterer brought suit for breach of contract. At trial, Bell testified that her substitution of porcelain crowns was not intentional. Bell also testified that the two types of crowns cost the same and that porcelain crowns are functionally superior to porcelain-on-gold crowns.
Rule of Law
Holding and Reasoning (Battaglia, J.)
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