Curtis v. Brookdale Hospital Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J. P.
Two issues must be met on this appeal: (1) whether the plaintiff was prejudiced by the refusal of the trial court to permit questioning by her counsel of the physician member of the medical malpractice panel; and (2) whether the plaintiff, under the statute (Judiciary Law, § 148-a), had an unqualified right to question the physician on direct examination, where the panel had reached a recommendation favorable to her. Obviously, these issues are intertwined, but we need not address the second unless, in answer to the first, we find prejudice to the plaintiff…
2Cases cited8 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Comiskey v. ArlenAppellate Division of the Supreme Court of the State of New York · 1976
- Kletnieks v. Brookhaven Memorial Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
- Comiskey v. ArlenNew York Court of Appeals · 1977
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3Cited by9 opinions
- Lipsius v. WhiteAppellate Division of the Supreme Court of the State of New York · 1983
- Musso v. Westfield Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1978
- Bernstein v. BodeanAppellate Division of the Supreme Court of the State of New York · 1980
- Travis v. Carlisle Corp.New York Supreme Court · 1979
- Bernstein v. BodeanAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.