158 A.D.2d 498 | N.Y. App. Div. | 1990
We agree with the third-party defendant orthodontist Dr. Cain that the third-party plaintiff, who distributed the dental device which allegedly caused the infant plaintiff’s injury, has failed to come forward with evidentiary facts which show that a triable issue exists as to the allegations of negligence on the part of Dr. Cain (see, Zuckerman v City of New York, 49 NY2d 557). The record does not indicate that Dr. Cain was negligent in prescribing the night brace distributed by the third-party