Virgo v. Bonavilla

Order unanimously reversed, with costs, motion denied and verdict reinstated. Memorandum: In this medical malpractice action, a malpractice panel was selected, composed of a Justice of the Supreme Court, an attorney at law and a podiatrist; and an orthopedic surgeon acted as consultant thereto (see Judiciary Law, § 148-a, subds 1-a, 6). The panel unanimously recommended a finding of no liability. Upon the trial some expert witnesses testified for plaintiff and others for defendant, who is a podiatrist. Because the panel was unanimous in favor of the defendant, the medical experts thereon were…