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ERNETA v. PRINCETON HOSP.

66 A.D.2d 669 (1978)

Nicole Erneta, an Infant, by Her Mother and Natural Guardian, Wanda Erneta, et al., Appellants, v. Princeton Hospital, Defendant, and F. Thomas Wilson et al., Respondents

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

December 7, 1978

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...

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