Principale v. Lewner

In Principale v. Lewner, 187 Misc. 2d 878 [2001], the defendant was sued for dental malpractice. When he received a copy of the transcript, he moved to suppress the transcript. The court noted that the reporter failed to transcribe or garbled certain portions of defendant's testimony. Nonetheless, the court refused to suppress the entire transcript or even portions of the transcript. "While the errors render some portions of defendant's testimony unclear, they do not appear to contradict his claim that he did not commit malpractice in his treatment of plaintiff's teeth, and that the problems with plaintiff's teeth arose because she failed to keep appointmentsand thus failed to show that the errors are other than harmless" (id. at 881).