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HICKS v. FRASER CLINIC

146 Misc.2d 136 (1989)

Sharon Hicks, Plaintiff, v. Ronald Fraser Clinic et al., Defendants. Ronald Fraser Clinic, Third-Party Plaintiff, v. United States of America, Third-Party Defendant. Ronald Fraser Clinic, Fourth-Party Plaintiff, v. Aldy Castor et al., Fourth-Party Defendants.

Supreme Court, Bronx County.

December 20, 1989

Attorney(s) appearing for the Case

Fisher, Fallon, Salerne, Betlesky & Kelly (Edward P. Kelly of counsel), for Ronald Fraser Clinic, defendant and third- and fourth-party plaintiff. Glaser, Shandell & Blitz (Richard E. Shandell of counsel), for plaintiff.

LEWIS R. FRIEDMAN, J.

Defendant Ronald Fraser Clinic (the Clinic) moves to vacate a finding rendered against it by a medical malpractice mediation panel (panel). The motion raises serious questions of the function of the panel and the role of a court confronted with a motion to set aside a panel finding.

A portion of the complex procedural history is necessary to put the issue in context. Plaintiff...

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