Legal Opinion
Baden v. Staples
New York Court of Appeals
Decided October 24, 1978PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The issue is whether Seider v Roth (17 NY2d 111) should be overruled. The issue is not new for the court; it has been raised with frequency in the 12 years since the Seider case was first decided (see Donawitz v Danek, 42 NY2d 138; Neuman v Dunham, 39 NY2d 999; Simpson v Loehmann, 21 NY2d 305, mot for rearg den 21 NY2d 990). Considerations of stare decisis and institutional stability, absent compelling grounds to the contrary, require that this challenge, like the others, be rejected.
In this negligence action, plaintiffs seek recovery for personal injuries arising out of a…
3Cases cited10 opinions
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- People v. HobsonNew York Court of Appeals · 1976
- Harris v. BalkSupreme Court of the United States · 1905
- Seider v. RothNew York Court of Appeals · 1966
- Simpson v. LoehmannNew York Court of Appeals · 1967
5 more not listed; retrieve them via the Exa API.
4Cited by27 opinions
- Rush v. SavchukSupreme Court of the United States · 1980
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Gager v. WhiteNew York Court of Appeals · 1981
- Higby v. MahoneyNew York Court of Appeals · 1979
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
22 more not listed; retrieve them via the Exa API.