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BERNSTEIN v. BODEAN

74 A.D.2d 364 (1980)

Deborah Bernstein, Appellant, v. Eugene Bodean et al., Respondents, et al., Defendants

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

May 12, 1980

Attorney(s) appearing for the Case

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

Martin, Clearwater & Bell (Richard A. Young and Raymond W. Murphy of counsel), for Eugene Bodean and another, respondents.

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for North Shore Hospital and another, respondents.

Robert Abrams, Attorney-General (George C. Mantzoros and George D. Zuckerman of counsel), appearing pursuant to section 71 of Executive Law.

COHALAN and O'CONNOR, JJ., concur with MANGANO, J.; LAZER, J. P., dissents and votes to reverse the judgment insofar as appealed from and to grant a new trial, with an opinion.

MANGANO, J.

The gravamen of this appeal concerns the question of whether the trial court, in a medical malpractice action, unduly restricted plaintiff's examination of physician members of a medical malpractice panel resulting in prejudice to plaintiff.

We hold that the trial court did not err in limiting the questions asked of the medical panelists. Accordingly, we affirm.

Deborah Bernstein began...

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