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• Title: Nicole Erneta v. Princeton Hospital
• Author : Supreme Court of New York
• Release Date : January 07, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Order, Supreme Court, New York County, entered January 25, 1978, granting the motion of defendants Wilson and Peter to strike a prior order of attachment, pursuant to Seider v Roth (17 N.Y.2d 111), and to dismiss the causes of action against said defendants for lack of jurisdiction, reversed, on the law, with $75 costs and disbursements of this appeal to appellants, and the motion denied. Notwithstanding Shaffer v Heitner (433 U.S. 186), the Seider v Roth doctrine is alive. (See Baden v Staples, 45 N.Y.2d 889.) As the dissent accurately points out, plaintiffs in this malpractice action were not residents of New York at the time of the alleged malpractice. The moving defendants are residents of New Jersey, where the malpractice is alleged to have taken place. At the time of the commencement of this action and for some time earlier, plaintiffs were residents of this State. No challenge is made to the bona fides of that residency. In fact, it is alleged that the infant plaintiff, now nine years of age, who suffered severe brain damage from the claimed malpractice, is presently being treated at New York City hospitals and that her schooling, therapy, and guidance are to a large degree being subsidized by the City and State of New York. We do not see that plaintiffs non-residence in New York at the time of the alleged malpractice is a factor sufficient to deny them the right to the Seider v Roth quasi in rem attachment remedy. A third defendant, the hospital, a New Jersey domiciliary, over which [66 A.D.2d 669 Page 670]

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