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Tobin v. Ruskin

Appellate Division of the Supreme Court of New York, First Department
Dec 23, 1982
91 A.D.2d 580 (N.Y. App. Div. 1982)

Opinion

December 23, 1982


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 Jud. 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 A.D.2d 529; Gold v Hershey, 90 A.D.2d 704.)

Concur — Ross, J.P., Asch, Markewich, Bloom and Milonas, JJ.


Summaries of

Tobin v. Ruskin

Appellate Division of the Supreme Court of New York, First Department
Dec 23, 1982
91 A.D.2d 580 (N.Y. App. Div. 1982)
Case details for

Tobin v. Ruskin

Case Details

Full title:MATTHEW TOBIN et al., Respondents, v. RICHARD A. RUSKIN et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 23, 1982

Citations

91 A.D.2d 580 (N.Y. App. Div. 1982)

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