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  5. 49 N.Y.2d 829 (1980)
 

ERNETA v. PRINCETON HOSP.

49 N.Y.2d 829 (1980)

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

Court of Appeals of the State of New York.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Michael B. Schad and Anthony L. Schiavetti for appellants.

Mark B. Wiesen for respondents.

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN concurs in the memorandum.

Order reversed, with costs, the order of Supreme Court, New York County, reinstated, and question certified answered in the negative (see Rush v Savchuk, 444 U.S. 320).

JASEN, J. (concurring).

While I join my colleagues in reversing the order of the Appellate Division, I would have preferred an institutional reassessment of Seider v Roth (17 N.Y.2d 111) by our court...

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