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SCHMITT v. KANTOR

83 A.D.2d 862 (1981)

Bernard J. Schmitt, AS ADMINISTRATOR OF The Estate of Edith C. Schmitt, Deceased, et al., Respondents, v. Herbert Kantor, Defendant and Third-Party Plaintiff-Appellant. John McGaley, Defendant and Third-Party Plaintiff-Respondent; Carl H. Neuman, Doing Business Under the Trade Name of Syosset Hospital, Defendant and Third-Party Defendant-Respondent

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

August 17, 1981

Order reversed, without costs or disbursements, motion granted and the matter remitted for a de novo hearing before a new panel on the issue of malpractice.

Pursuant to section 148-a of the Judiciary Law and Part 684 of the rules of this court (22 NYCRR Part 684), a medical malpractice panel conducted a hearing and unanimously found, inter alia, (1) that there was no liability on behalf of defendants Syosset Hospital and Dr. McGaley and (2) that there...

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