Bleich v. Bono

Full title: MICHAEL BLEICH et al., Respondents, v. RUDOLPH BONO, Appellant

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

Date published: Jan 11, 1983

91 A.D.2d 911 (N.Y. App. Div. 1983)

Opinion

January 11, 1983

Order of the Supreme Court, New York County (Gammerman, J.), entered March 15, 1982, which denied defendant's motion to refer the case to a medical malpractice panel, is reversed, on the law and facts, and the motion by defendant is granted and said hearing before the malpractice panel is directed to be held, without costs. Medical issues exist herein which warrant panel review. (See Rosa v Kulkarni, 89 A.D.2d 529.) The existence of disputed factual issues does not preclude reference to a panel. ( Bernstein v Bodean, 53 N.Y.2d 520, 528.)

Concur — Murphy, P.J., Carro, Asch and Milonas, JJ.

Silverman, J., concurs on constraint of Rosa v Kulkarni ( 89 A.D.2d 529).