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COMISKEY v. ARLEN

43 N.Y.2d 696 (1977)

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

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Bernard Turkewitz and Norman E. Frowley for appellants.

John L. A. Lyddane, Steven De Maggio and Raymond W. Murphy for Myron Arlen, respondent.

Barbara Pilo and Thomas R. Newman for Brooklyn Jewish Hospital, respondent.

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.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG taking no part.

MEMORANDUM.

Order affirmed, with costs. The formal written recommendation of the medical malpractice panel should not be suppressed on pretrial application. It was premature prior to trial, which might never take place, and which, if it does, might not give rise to considering the issue. And even if the issue arises, it might not result in prejudice to plaintiff. Moreover, issues...

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