Erneta v. Princeton Hospital
New York Court of Appeals
Erneta v. Princeton Hospital, 49 N.Y.2d 829 (N.Y. 1980)
404 N.E.2d 1335; 427 N.Y.S.2d 794; 1980 N.Y. LEXIS 2194
Jasen
Erneta v. Princeton Hospital
Opinion of the Court
OPINION OF THE COURT
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 US 320).
Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Judge Jasen concurs in the following memorandum.
Concurring Opinion
(concurring). 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 NY2d 111) by our court rather than an obligatory abandonment of the Seider doctrine upon constraint of Rush v Savchuk (444 US 320) (see concurring opn Donawitz v Danek, 42 NY2d 138, 143-151).
Order reversed, etc.
Reference
- Full Case Name
- Nicole Erneta, an Infant by Her Mother and Natural Guardian, Wanda Erneta v. Princeton Hospital, and F. Thomas Wilson
- Cited By
- 10 cases
- Status
- Published