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Erneta v. Princeton Hospital

49 N.Y.2d 829 Court N.Y. Decision date 1980-03-18 English

Decision Majority · Concurring — Jasen, J.

Contents
p. 829
Nicole Erneta, an Infant by Her Mother and Natural Guardian, Wanda Erneta, et al., Respondents, v Princeton Hospital, Defendant, and F. Thomas Wilson et al., Appellants.
Argued February 8,1980;
decided March 18, 1980
p. 830
APPEARANCES OF COUNSEL
Michael B. Schad and Anthony L. Schiavetti for appellants.
Mark B. Wiesen for respondents.

OPINION OF THE COURT

Order reversed, with costs, the order of Supreme Court, New York County, reinstated, and question certified answered in the negative (see Rush v Savchuk, 444 US 320 ).

Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Judge Jasen concurs in the following memorandum.

(concurring). While I join my colleagues in reversing the order of the Appellate Division, I would have preferred an institutional reassessment of Seider v Roth ( 17 NY2d 111 ) by our court rather than an obligatory abandonment of the Seider doctrine upon constraint of Rush v Savchuk ( 444 US 320 ) (see concurring opn Donawitz v Danek, 42 NY2d 138 , 143-151).

Order reversed, etc.

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