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COMISKEY v. ARLEN

55 A.D.2d 304 (1976)

Mitchell Comiskey, an Infant, by Leo Comiskey, His Guardian, et al., Respondents, v. Myron Arlen et al., Appellants. Louis J. Lefkowitz, as Attorney-General of The State of New York, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1976

Attorney(s) appearing for the Case

Martin, Clearwater & Bell (Steven DeMaggio of counsel), for Myron Arlen, appellant.

Bower & Gardner (Barbara Pilo of counsel), for Brooklyn Jewish Hospital, appellant.

Fuchsberg & Fuchsberg (Bernard Turkewitz and Norman E. Frowley of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law, intervenor-appellant.

HOPKINS, Acting P. J., MARTUSCELLO and DAMIANI, JJ., concur.

SUOZZI, J.

The issue presented for review on this appeal is whether subdivision 8 of section 148-a of the Judiciary Law is unconstitutional. The Trial Term held that subdivision 8 violated plaintiffs' constitutional right to a meaningful jury trial. We reverse and hold that subdivision 8 of section 148-a of the Judiciary Law is constitutional.

This is a medical malpractice action arising out of a surgical...

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