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SAXE v. OB/GYN ASSOCS.

86 N.Y.2d 820 (1995)

657 N.E.2d 492

633 N.Y.S.2d 471

Elana J. Saxe, and Infant, by Her Parents and Natural Guardians, Phyllis K. Saxe et al., Respondents, v. OB/GYN Associates, P. C., et al., Appellants.

Court of Appeals of the State of New York.

Decided September 21, 1995.

Attorney(s) appearing for the Case

Martin, Clearwater & Bell, New York City (Patricia D'Alvia and Barbara D. Goldberg of counsel), for OB/GYN Associates, P. C., and others, appellants.

Heidell, Pittoni, Murphy & Bach, P. C., New York City (Mitchell D. Frankel of counsel), for Mirta Veber, appellant.

Kramer, Dillof, Tessel, Duffy & Moore, New York City (Norman Bard of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' motion to transfer the action to Kings County denied, and the matter remitted to Supreme Court, New York County, for further proceedings not inconsistent with this memorandum. The certified question is answered in the negative.

Where one of the parties to the action commenced in New York County is a Supreme Court Justice in...

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