Holzel v. Mathews

The appeal herein is from an order of Trial Term denying the motion of defendant Codman & Shurtleff, Inc., the manufacturer of a rongeur (a surgical instrument used to cut bone), for permission to fully participate in the medical malpractice panel hearing, in this matter. The defendant-appellant seeks not to vacate the medical malpractice mediation panel’s finding, but seeks permission to participate meaningfully in the future hearing. The order is in my view appealable (cf. Conklin v Montefiore Hosp. & Med. Center, 74 AD2d 792; Calvin v Schlossman, 74 AD2d 265). I adhere to the conceptual…