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  5. 647 F.Supp. 843 (1986)
 

CRAWFORD v. HOSP. OF ALBERT EINSTEIN COLL. OF MED.

Nos. 86 Civ. 8318(MP), 86 Civ. 7639(MP).

647 F.Supp. 843 (1986)

Kyle CRAWFORD, an infant by his mother and natural guardian, Romaine CRAWFORD, Plaintiffs, v. HOSPITAL OF the ALBERT EINSTEIN COLLEGE OF MEDICINE, Irwin H. Kaiser and Samuel G. Oberlander, Defendants. And a Third and Fourth Party Action. ARGONAUT INSURANCE COMPANY, Plaintiff, v. YESHIVA UNIVERSITY, Hospital of the Albert Einstein College of Medicine, Irwin H. Kaiser, M.D., Samuel G. Oberlander, M.D., and Kyle Crawford, an infant, by his mother and natural guardian, Romaine Crawford, Defendants.

United States District Court, S.D. New York.

November 12, 1986.

Attorney(s) appearing for the Case

Siff, Newman, Rosen & Parker, New York City by Ignatius John Melito, Gerald T. Ford, for Yeshiva University.

Lebouf, Lamb, Leiby & Mac Rae, New York City by Michael A. Ellenberg, Ellen August, for Argonaut Ins. Co.

Bower & Gardner, New York City by Sidney Rosen, for Einstein and Oberlander.

Louis Raybin, New York City, for Irwin H. Kaiser.

Morris J. Eisen, Joseph Napoli, New York City by Roy F. Scaffidi, Arthur Luxenberg, for Crawfords.

OPINION

MILTON POLLACK, Senior District Judge.

Three motions are before the court. The first is a motion to remand an action commenced in state court and removed here by fourth-party defendant Argonaut Insurance Company ("Argonaut"). The second motion requests dismissal of a diversity suit by which Argonaut seeks a declaratory judgment in federal court; that suit mirrors the fourth-party claim in the state court seeking the same relief. The third motion...

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