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MARENGA v. SHAW

112 Misc.2d 417 (1981)

Eugene Marenga, Individually and as Guardian ad Litem of Eugenia Marenga, an Infant, Plaintiff, v. William Shaw et al., Defendants. William Shaw et al., Third-Party Plaintiffs, v. City of New York, Third-Party Defendant. William Shaw et al., Second Third-Party Plaintiffs-Respondents, v. Salvatore Sclafani, Second Third-Party Defendant-Appellant.

Civil Court of the City of New York, Kings County.

December 9, 1981

Attorney(s) appearing for the Case

Edward Horn for plaintiff. Raymond J. MacDonnell for defendants and third-party plaintiffs and second third-party plaintiffs-respondents. Allen G. Schwartz, Corporation Counsel, for third-party defendant. Morris, Duffy, Ivone & Jensen for second third-party defendant-appellant.

HERBERT KRAMER, J.

Is a third-party defendant doctor in an action transferred from the Supreme Court to the Civil Court, pursuant to CPLR 325 (subd [d]), entitled as of right to review by a Supreme Court medical malpractice panel?

By order of the Supreme Court dated October 29, 1980, a typical negligence action was transferred to Civil Court, retaining its original jurisdictional amount. A third-party...

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