Legal Opinion
Virgo v. Bonavilla
New York Court of Appeals
Decided April 29, 1980PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this medical malpractice action, plaintiff ascertained on cross-examination that one of the members of the medical malpractice panel (see Judiciary Law, § 148-a) was an acquaintance of the defendant. Following a jury verdict of no cause of action, plaintiff moved to set aside the verdict upon the purported bias of the malpractice panel member.
In these circumstances, plaintiff waived her objection by not *984timely moving for a mistrial at the time the relationship between the defendant and the…
2Cases cited2 opinions
- Schein v. Chest Service Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Taylor v. Dayton Suregrip & Shore Co.Appellate Division of the Supreme Court of the State of New York · 1978
3Cited by13 opinions
- Heller v. Louis Provenzano, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Heller v. Louis Provenzano, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- In re the Custody of Rebecca B.Appellate Division of the Supreme Court of the State of New York · 1996
- Bonilla v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Fallon v. LoreeAppellate Division of the Supreme Court of the State of New York · 1988
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