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ROSENTHAL v. WARREN

No. 71 Civ. 697.

374 F.Supp. 522 (1974)

Elaine ROSENTHAL, as Executrix of the Estate of Martin C. Rosenthal, Deceased, Plaintiff, v. Kenneth W. WARREN and New England Baptist Hospital, Defendants.

United States District Court, S. D. New York.

April 15, 1974.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Gerald A. Robbie, Alan J. Konigsberg, New York City, of counsel), for plaintiff.

Morris, Duffy, Ivone & Jensen, New York City (Richard J. Burke, New York City, of counsel), for defendant, New England Baptist Hospital.

BAUMAN, District Judge.

The motion before the court presents the following difficult, and at once intriguing question: would New York apply the Massachusetts doctrine of charitable immunity in a wrongful death action, brought by a New York decedent's estate, to recover damages for alleged medical malpractice in Massachusetts by residents of that state. Defendant, New England Baptist Hospital (hereinafter "the Hospital"), a Massachusetts charitable corporation, has...

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