45 N.Y.2d 889 (1978)

Robert Baden et al., Respondents, v. Scott Staples et al., Appellants.

Court of Appeals of the State of New York.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Thomas R. Newman, Mark L. Rosen and Susan A. Shafer for appellants.

Herman Schmertz and Jerome I. Katz for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge FUCHSBERG concurs in a separate opinion in which Judge COOKE concurs.

Per Curiam.

The issue is whether Seider v Roth (17 N.Y.2d 111) should be overruled. The issue is not new for the court; it has been raised with frequency in the 12 years since the Seider case was first decided (see Donawitz v Danek, 42 N.Y.2d 138; Neuman v Dunham, 39 N.Y.2d 999;


Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases