Comiskey v. Arlen

The issue presented for review on this appeal is whether subdivision 8 of section 148-a of the Judiciary Law is *305unconstitutional. The Trial Term held that subdivision 8 violated plaintiffs’ constitutional right to a meaningful jury trial. We reverse and hold that subdivision 8 of section 148-a of the Judiciary Law is constitutional.

This is a medical malpractice action arising out of a surgical procedure performed by the defendant doctor on the infant plaintiff at the defendant hospital. At the completion of discovery and all other preliminary proceedings, the case came on for a hearing before…