Marenga v. Shaw

OPINION OF THE COURT

Herbert Kramer, J.

Is a third-party defendant doctor in an action transferred from the Supreme Court to the Civil Court, pursuant to CPLR 325 (subd [d]), entitled as of right to review by a Supreme Court medical malpractice panel?

By order of the Supreme Court dated October 29,1980, a typical negligence action was transferred to Civil Court, *418retaining its original jurisdictional amount. A third-party action sounding in medical malpractice was instituted by the service of a summons dated October 30, 1980. In due course, it appeared on the Trial Calendar in Civil Court at…