Appellate Division of the Supreme Court of New York, 1982

Tobin v. Ruskin

Appellate Division of the Supreme Court of New York · Decided December 23, 1982

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

Cases that cite this one

2 later published cases cite this decision.

Colton v. Riccobono (N.Y. 1986)
Walsh v. Lo Piccolo (New York Supreme Court 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.