CURTIS v. BROOKDALE HOSP.


62 A.D.2d 749 (1978)

Katherine Curtis, as Administratrix of The Estate of Samuel Curtis, Deceased, Appellant, v. Brookdale Hospital Center, Respondent

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

June 19, 1978


Attorney(s) appearing for the Case

Goldstein & Goldstein (Arnold J. Goldstein of counsel), for appellant.

O'Connor, Hayes & Ryan (James E. Hayes of counsel), for respondent.

HAWKINS and O'CONNOR, JJ., concur with HOPKINS, J. P.; TITONE, J., dissents and votes to affirm the judgment, with an opinion, in which LATHAM, J., concurs.


HOPKINS, J. P.

Two issues must be met on this appeal: (1) whether the plaintiff was prejudiced by the refusal of the trial court to permit questioning by her counsel of the physician member of the medical malpractice panel; and (2) whether the plaintiff, under the statute (Judiciary Law, § 148-a), had an unqualified right to question the physician on direct examination, where the panel had reached a recommendation...

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