Summary
In Erneta v Princeton Hosp. (49 N.Y.2d 829) our court acknowledged the mandate of the Supreme Court of the United States in Rush v Savchuk (444 U.S. 320).
Summary of this case from Gager v. WhiteOpinion
Argued February 8, 1980
Decided March 18, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Michael B. Schad and Anthony L. Schiavetti for appellants.
Mark B. Wiesen for respondents.
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).
Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN concurs in the following memorandum.
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 rather than an obligatory abandonment of the Seider doctrine upon constraint of Rush v Savchuk ( 444 U.S. 320) (see concurring opn Donawitz v Danek, 42 N.Y.2d 138, 143-151).
Order reversed, etc.