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ALFORD v. MCGAW

61 A.D.2d 504 (1978)

Tommie Alford, Individually and as Parent and Natural Guardian of Timothy Alford, an Infant, Respondent, v. David McGaw, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1978

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Frank G. Godson, J. Michael Hayes and Thomas L. Bondy of counsel), for appellant.

Goldstein & Freed (Robert B. Sommerstein of counsel), for respondent.

CARDAMONE, J. P., SIMONS and DENMAN, JJ., concur with DILLON, J.; HANCOCK, JR., J., concurs in result, in an opinion.

DILLON, J.

Twelve years after its controversial birth by a divided Court of Appeals, we are asked to decide whether the jurisdictional doctrine of Seider v Roth (17 N.Y.2d 111) remains viable. In Seider, the plaintiffs, residents of New York, were injured in an automobile accident in Vermont, allegedly through the negligence of the defendant, who was a resident...

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