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TREYBALL v. CLARK

65 N.Y.2d 589 (1985)

Dorothy Treyball, Individually and as Personal Representative of The Estate of Eugene Treyball, Deceased, Appellant, v. W. Douglas Clark et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided September 12, 1985.

Attorney(s) appearing for the Case

Paul F. McAloon for appellant.

Kevin M. Loftus for W. Douglas Clark, respondent.

Vincent J. Aceste and J. Russell Clune for Northern Westchester Hospital Center and Edward McNeil, respondents.

Robert Abrams, Attorney-General (Robert Hermann of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in Per Curiam opinion; Judge TITONE taking no part.

Per Curiam.

On this appeal, plaintiff challenges the constitutionality of Judiciary Law § 148-a (8), which authorizes any party to a medical malpractice action to admit in evidence the unanimous recommendation of a medical malpractice mediation panel as to the question of liability. It is contended that Judiciary Law § 148-a (8) deprives plaintiff of the right to a jury trial on the issue of liability (NY Const...

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