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D'Agostino v. Watt

Appellate Division of the Supreme Court of New York, Third Department
Jan 11, 1979
67 A.D.2d 762 (N.Y. App. Div. 1979)

Opinion

January 11, 1979


Appeal (1) from an order of the Supreme Court at Special Term, entered December 28, 1977 in Rensselaer County, which granted a motion to dismiss the third-party complaint, and (2) from the judgment entered thereon. This is an action to recover for personal injuries sustained by plaintiffs as the result of an automobile accident which occurred in the State of Pennsylvania. Plaintiffs and defendants are residents of New York State. After commencement of this action, the third-party plaintiff brought a third-party action against third-party defendant. The latter is a resident of Pennsylvania. Concededly, he had no contacts, as far as this action is concerned, with the State of New York. Jurisdiction was secured by utilizing the concept enunciated in Seider v. Roth ( 17 N.Y.2d 111). The third-party defendant's motion to dismiss the third-party complaint for lack of jurisdiction was granted by Special Term. This appeal ensued. In urging affirmance the third-party defendant maintains that Special Term properly relied on Shaffer v. Heitner ( 433 U.S. 186) as overruling Seider. The third-party plaintiff contends otherwise and the narrow issue for our determination is whether the Seider concept is still viable in this State. Most recently the Court of Appeals emphatically determined the issue in the affirmative (Baden v. Staples, 45 N.Y.2d 889). Consequently, there must be a reversal. Order and judgment reversed, on the law and the facts, with costs, and third-party complaint reinstated. Mahoney, P.J., Sweeney, Kane, Staley, Jr., and Herlihy, JJ., concur.


Summaries of

D'Agostino v. Watt

Appellate Division of the Supreme Court of New York, Third Department
Jan 11, 1979
67 A.D.2d 762 (N.Y. App. Div. 1979)
Case details for

D'Agostino v. Watt

Case Details

Full title:FRANK D'AGOSTINO et al., Plaintiffs, v. MALCOLM WATT, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 11, 1979

Citations

67 A.D.2d 762 (N.Y. App. Div. 1979)

Citing Cases

Morehouse v. Antiengesells-Chaft

Order affirmed, with costs. (See D'Agostino v. Watt, 67 A.D.2d 762.) Mahoney, P.J., Sweeney, Kane, Staley,…