Bernstein v. Bodean

Lazer, J. P. (dissenting).

The central issue on this appeal concerns the limitations which may be imposed upon examination of physician members of a malpractice panel called to testify as witnesses at the malpractice trial. Subdivision 8 of *370section 148-a of the Judiciary Law relevantly provides that: "If the recommendation [of the panel] is read to the jury or by the trial court, the doctor member or the attorney member of the panel, or both of them, may be called as a witness by any party with reference to the recommendation of the panel only.”

In the one case which casts illumination on the…