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BERNSTEIN v. BODEAN

53 N.Y.2d 520 (1981)

Isidor Bernstein, as Administrator of The Estate of Deborah Bernstein, Deceased, Appellant, v. Eugene Bodean et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided September 3, 1981.

Attorney(s) appearing for the Case

Norman E. Frowley for appellant.

Richard A. Young, Michael T. Walsh and Thomas M. Lopez for Eugene Bodean and another, respondents.

E. Richard Rimmels, Jr., and Fredric H. Montfort for North Shore Hospital and another, respondents.

Robert Abrams, Attorney-General (George C. Mantzoros and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law and CPLR 1012 (subd [b]).

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

JONES, J.

Following introduction in evidence of the recommendation of a medical malpractice panel concerning the question of liability, pursuant to section 148-a of the Judiciary Law, the doctor panel members called as witnesses may be examined, subject to the customary oversight of the Trial Judge, on any matter which will reasonably assist the triers of fact in assessing the probative worth of the panel recommendation...

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