Legal Opinion

Calvin v. Schlossman

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1980PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Ross, J.

This appeal presents for our resolution the novel question of whether a private, independent medical laboratory can be compelled to participate in a medical malpractice hearing where it is alleged the laboratory’s culpable conduct, sounding in malpractice, hastened plaintiffs demise. We find that this question must be answered affirmatively. At the outset we are mindful of this court’s determination that rulings with respect to medical malpractice panels are nonappealable (see e.g., Marrico v Misericordia Hosp., 59 AD2d 680). As will be demonstrated infra, the case…

2Cases cited5 opinions

  1. Kletnieks v. Brookhaven Memorial Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
  2. Musso v. Westfield Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1978
  3. Marrico v. Misericordia HospitalAppellate Division of the Supreme Court of the State of New York · 1977
  4. Conklin v. Montefiore Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1980
  5. Schwartz v. MarcoveAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Sigmon v. County of TompkinsNew York Supreme Court · 1982
  2. Nembard v. Brookdale Hospital Medical CenterCivil Court of the City of New York · 1982
  3. Walsh v. Lo PiccoloNew York Supreme Court · 1985
  4. Borrillo v. Beekman Downtown HospitalNew York Supreme Court · 1987
  5. Holzel v. MathewsAppellate Division of the Supreme Court of the State of New York · 1981

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