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HALPERN v. GOZAN

85 Misc.2d 753 (1976)

Marcia Halpern et al., Plaintiffs, v. Henry Gozan, Defendant.

Supreme Court, Trial Term, Queens County.

February 6, 1976

Attorney(s) appearing for the Case

Baron & Vesel (Martin L. Baron of counsel), for plaintiffs. Anthony L. Schiavetti and Peter Beaton for defendant.

LEONARD LEIGH FINZ, J.

The issue raised in this medical malpractice action is whether subdivision 8 of section 148-a of the Judiciary Law (hereinafter referred to as the "new law") signed into law on July 1, 1975 is violative of the Constitution. A determination of this question requires a brief review of the facts:

The plaintiff Marcia Halpern was a patient of the defendant doctor for 10 years, during which period the defendant, an

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