Santola v. Eisenberg

— Judgment unanimously affirmed, with costs. Memorandum: In his appeal from a judgment after a jury trial in a malpractice case, defendant obstetrician contends, among other *717things, that the court improperly vacated the recommendátion of the medical malpractice panel. We disagree. During examination of an administrative employee of the hospital (after the trial had been in progress for approximately three weeks), the court and plaintiffs’ counsel were apprised for the first time that Dr. Thornton, the physician panel member, was present on October 15, 1973 at a meeting of the Department of…