Tobin v. Ruskin

Appellate Division of the Supreme Court of New York

Tobin v. Ruskin

91 A.D.2d 580, 457 N.Y.S.2d 75, 1982 N.Y. App. Div. LEXIS 19410

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1982·Published·Cited by 2 cases

Opinion

— Order, Supreme Court, New York County (Gammerman, J.), entered April 2, 1982, unanimously reversed, on the law and the facts, defendants-appellants’ motion for a hearing pursuant to section 148-a of the Judiciary Law before a medical malpractice panel granted, that hearing to be held before trial, without costs. The crux of this case hinges, not on the credibility of the parties, but on whether defendants-appellants were negligent in failing to diagnose the malignancy timely. Medical issues exist which warrant panel review. (See Rosa v Kulkarni, 89 AD2d 529; Gold v Hershey, 90 AD 2d 704.) Concur — Ross, J. P., Asch, Markewich, Bloom and Milonas, JJ.

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— Order, Supreme Court, New York County (Gammerman, J.), entered April 2, 1982, unanimously reversed, on the law and the facts, defendants-appellants’ motion for a hearing pursuant to section 148-a of the Judiciary Law before a medical malpractice panel granted, that hearing to be held before trial, without costs. The crux of this case hinges, not on the credibility of the parties, but on whether defendants-appellants were negligent in failing to diagnose the malignancy timely. Medical issues exist which warrant panel review. (See Rosa v Kulkarni, 89 AD2d 529; Gold v Hershey, 90 AD 2d 704.) Concur — Ross, J. P., Asch, Markewich, Bloom and Milonas, JJ.

Tobin v. Ruskin, 91 A.D.2d 580, 457 N.Y.S.2d 75, 1982 N.Y. App. Div. LEXIS 19410 (N.Y. Ct. App. 1982).

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Opinion

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