Tobin v. Ruskin
This text of 91 A.D.2d 580 (Tobin v. Ruskin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
91 A.D.2d 580, 457 N.Y.S.2d 75, 1982 N.Y. App. Div. LEXIS 19410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobin-v-ruskin-nyappdiv-1982.