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Etra v. Matta

Court of Appeals of the State of New York
Mar 29, 1984
61 N.Y.2d 455 (N.Y. 1984)

Summary

holding that where a Massachusetts doctor referred a New York resident to a New York doctor but continued to act as a consultant on the patient's case by communicating with the New York doctor by telephone and letters and prescribing additional provisions of an experimental drug, the doctor's contacts with New York were too insubstantial to amount to such a transaction of business to warrant subjecting the doctor to jurisdiction in New York

Summary of this case from Escalona v. Combs

Opinion

Argued February 13, 1984

Decided March 29, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.

Frederick N. Gaffney and Ann R. Goodwin for third-party plaintiff-appellant.

Steven J. Ahmuty, Jr., for third-party defendant-respondent.


Plaintiffs have attempted, in this action, to acquire jurisdiction over a Massachusetts physician whose care of decedent was the alleged cause of death.

Plaintiffs' decedent suffered from a heart condition for which he sought treatment from a Massachusetts physician, Dr. Bernard Lown. During the course of the patient's care, which included a period of hospitalization in a Boston hospital, Dr. Lown prescribed Aprindine, an experimental drug manufactured by defendant Eli Lilly Co. Following decedent's discharge, he returned to New York, where he came under the care and treatment of a New York physician, Dr. Raymond Matta, to whom Dr. Lown had referred him. Because decedent's treatment program involved the continued use of Aprindine, available only from a clinical investigator such as Dr. Lown, decedent was provided with a supply of the drug to take back to New York.

After decedent came under Dr. Matta's care, Dr. Lown continued to act as a consultant with respect to the drug regimen. He communicated with Dr. Matta several times by telephone and letter and spoke to decedent's wife on the telephone. It is also alleged that he sent an additional supply of Aprindine to decedent in New York. During this period, decedent returned to Boston once for further consultation with Dr. Lown. Thereafter, decedent was admitted to a New York hospital with a condition known as agranulocytosis (depressed white cell count). The treatment with Aprindine was discontinued, and decedent died within a short time.

Asserting that decedent's death was caused by a side effect of the experimental drug, plaintiffs brought this action against both the drug manufacturer and Dr. Matta. Dr. Matta then sought to implead Dr. Lown, the theory of liability resting upon Dr. Lown's failure to inform Dr. Matta of the precise side effects of the drug. Dr. Lown moved to dismiss the third-party complaint on the ground that his contacts with New York were insufficient to require him to defend a medical malpractice action here. We agree with the Appellate Division that there is no basis for the exercise of personal jurisdiction over Dr. Lown.

It is urged that jurisdiction might properly be found under either prong of CPLR 302 (subd [a], par 1), which provides for the exercise of personal jurisdiction over any nondomiciliary who "transacts any business within the state or contracts anywhere to supply goods or services in the state", where the cause of action arises from those acts. It is contended that because information about Aprindine and decedent's treatment were unavailable to Dr. Matta except through Dr. Lown, Dr. Lown's treatment of his patient continued even after the patient returned to New York. The record does not, however, support the conclusion that Dr. Lown continued to act in the capacity of a treating physician. Rather, Dr. Lown referred decedent to a different doctor and continued his connection with the case only as a consultant. Viewing the totality of Dr. Lown's contacts with this State, in the form of written and telephonic communications and the additional provision of the experimental drug, we believe them to be too insubstantial to amount to such a "transaction of business" as to warrant subjecting Dr. Lown to suit in this forum (see McGowan v Smith, 52 N.Y.2d 268; Rothschild, Unterberg, Towbin v McTamney, 89 A.D.2d 540, affd 59 N.Y.2d 651).

It is also urged that Dr. Lown's provision of Aprindine forms the basis for jurisdiction under the recent amendment to CPLR 302 (subd [a], par 1), which provides for personal jurisdiction when a nondomiciliary "contracts anywhere to supply goods or services in the state" where the cause of action arises out of the contractual relationship. Even if we were to assume that a legal obligation existed for Dr. Lown to continue to supply Aprindine to plaintiffs' decedent, the statute was not meant, in our view, to cover a transaction of this nature. The Legislature, in enacting this additional jurisdictional basis, was not concerned with limited provision of supplies incident to medical treatment as occurred in this case (see McLaughlin, 1979 Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, 1983-1984 Pocket Part, CPLR C302:13). The incidental provision of a drug, as part of a course of treatment rendered in another State, cannot be said to fall within the contemplation of the statute so as to confer personal jurisdiction over the physician.

Accordingly, the order of the Appellate Division should be affirmed, with costs.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur in Per Curiam opinion; Judge MEYER taking no part.

Order affirmed, with costs.


Summaries of

Etra v. Matta

Court of Appeals of the State of New York
Mar 29, 1984
61 N.Y.2d 455 (N.Y. 1984)

holding that where a Massachusetts doctor referred a New York resident to a New York doctor but continued to act as a consultant on the patient's case by communicating with the New York doctor by telephone and letters and prescribing additional provisions of an experimental drug, the doctor's contacts with New York were too insubstantial to amount to such a transaction of business to warrant subjecting the doctor to jurisdiction in New York

Summary of this case from Escalona v. Combs

finding New York contacts of Massachusetts doctor who sent experimental drug to New York and acted as consultant to New York doctor to be "too insubstantial" to amount to transaction of business

Summary of this case from Edwardo v. The Roman Catholic Bishop of Providence

finding telephone and mail contacts "too insubstantial" to amount to transacting business

Summary of this case from Duravest, Inc. v. Viscardi, A.G.

finding telephone and mail contacts "too insubstantial" to amount to transacting business

Summary of this case from Metcalfe v. Renaissance Marine, Inc.

finding telephone and mail contacts "too insubstantial" to amount to transacting business

Summary of this case from DLJ Mortgage Capital, Inc. v. Cameron Financial Group

In Etra v. Matta, 61 N.Y.2d 455 (1984), however, the Court of Appeals examined a quite different series of telephonic and written communications and held that they did not amount to a "transaction of business."

Summary of this case from Bank Brussels v. Fiddler Gonzalez Rodriguez

In Etra v. Matta (1984) 61 N.Y.2d 455 [474 N.Y.S.2d 687, 463 N.E.2d 3], the court concluded New York's long-arm statute (applying where defendant "`transacts... business'" or "`contracts anywhere to supply goods or services in the state'") did not reach a Massachusetts doctor who treated the decedent with an experimental drug in Massachusetts, referred him to a New York physician, and continued to consult and provide the experimental drug (the drug was available only from a clinical investigator), which ultimately caused the side effect that killed decedent.

Summary of this case from Prince v. Urban
Case details for

Etra v. Matta

Case Details

Full title:BLANCHE ETRA et al., as Executors of HARRY ETRA, Deceased, Plaintiffs, v…

Court:Court of Appeals of the State of New York

Date published: Mar 29, 1984

Citations

61 N.Y.2d 455 (N.Y. 1984)
474 N.Y.S.2d 687
463 N.E.2d 3

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