Khiterer v. Bell
Civil Court, City of New York, Kings County
2005 WL 192354 (N.Y. City Civ. Ct. Jan. 28, 2005)
Relevant factsFree
Khiterer (plaintiff) ordered porcelain-on-gold crowns from her dentist, Dr. Bell (defendant), who instead installed plain porcelain crowns; Bell testified the substitution was unintentional, that the two crown types cost the same, and that porcelain crowns are actually functionally superior. Khiterer sued for breach of contract but alleged no specific personal or economic harm from the substitution.
IssueFree
Whether a patient who proves breach of contract for professional services must also prove personal or economic harm to recover more than nominal damages.
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