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ETRA v. MATTA

94 A.D.2d 581 (1983)

Blanche Etra et al., as Executors of Harry Etra, Deceased, Plaintiffs, v. Raymond Matta et al., Defendants Raymond Matta, Third-Party Plaintiff-Respondent, v. Bernard Lown, Third-Party Defendant-Appellant

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

July 14, 1983

Attorney(s) appearing for the Case

Steven J. Ahmuty, Jr., of counsel (Bower & Gardner, attorneys), for third-party defendant-appellant.

Frederick N. Gaffney of counsel (Ann R. Goodwin with him on the brief; Costello & Shea, attorneys), for third-party plaintiff-respondent.

ASCH and SILVERMAN, JJ., concur with CARRO, J.; KUPFERMAN, J. P., and ROSS, J., dissent in separate opinions.

CARRO, J.

This appeal presents the novel question of whether a nonresident physician who has never entered this State may be subject to New York jurisdiction on the theory that his out-of-State medical treatment with an experimental drug on a patient, and the subsequent shipment by the physician to the New York patient of renewed supplies of that drug, coupled with telephonic and written communication with the...

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