GAGER v. WHITE


53 N.Y.2d 475 (1981)

Lucille Gager, as Administratrix of The Estate of Linda Gager, Deceased, Appellant, v. Ronald L. White, Respondent. Mei Yuet Chin, as Administratrix of The Estate of Yu Chin, Deceased, et al., Appellants, v. Peter W. Cray, Respondent, et al., Defendant. Adrea Cachat, an Infant by Her Father and Natural Guardian Marc Cachat, et al., Respondents, v. J. E. Guertin Co. et al., Appellants; John Scheuer et al., Respondents. Debra Carbone, Appellant, v. Gail W. Ericson, Respondent, et al., Defendants. Sallie Hill, Appellant v. Clarence Elliott, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1981.


Attorney(s) appearing for the Case

Stanley Bryer for appellant in the first above-entitled action.

Louis G. Adolfsen, Thomas R. Newman and L. Kevin Sheridan for respondent in the first above-entitled action.

Emilio Nunez, Pamela Anagnos Liapakis and Cheryl R. Eisberg for appellants in the second above-entitled action.

William Paul Last and Joseph Arthur Cohen for respondent in the second above-entitled action.

James A. Magee for appellants in the third above-entitled action.

Norman Bard for respondents in the third above-entitled action.

Elliott J. Roberts for appellant in the fourth above-entitled action.

Joseph W. Conklin and Raymond J. Pezzoli for respondent in the fourth above-entitled action.

Donald B. Knight for appellant in the fifth above-entitled action.

Louis G. Adolfsen, Thomas R. Newman and L. Kevin Shieridan for respondent in the fifth above-entitled action.

Chief Judge COOKE and Judges JASEN and MEYER concur with Judge FUCHSBERG; Judges GABRIELLI, JONES and WACHTLER concur in result in a concurring opinion.


FUCHSBERG, J.

These five appeals are part of the aftermath of the Supreme Court's recent decision in Rush v Savchuk (444 U.S. 320), the effect of which was to vitiate the predicate for quasi in rem jurisdiction pioneered in 1966 by Seider v Roth (17 N.Y.2d 111). In essence, Seider held that a liability insurance contract...

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