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GROSS v. FRIEDMAN

73 N.Y.2d 721 (1988)

Kenneth W. Gross, Appellant, v. Richard Friedman, Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Steven M. Schapiro and Perry S. Reich for appellant.

Barbara D. Goldberg for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum of that court (138 A.D.2d 571).

We add that the recommendation of the medical malpractice mediation panel (see, Judiciary Law § 148-a [8]) that "there is liability on the part of the defendant" does not establish a prima facie case of medical malpractice...

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