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NY Court Won't Use 'Long Arm' to Reach Florida Med Center
New York's Appellate Division recently declined to exercise long-arm jurisdiction to hear a medical malpractice case that sprung from care provided to a New York man who responded to an Internet advertisement from a Florida surgical center. Paterno v. Laser Spine Institute, 22125/10,
The plaintiff New York resident learned about the services of Florida's Laser Spine Institute (LSI) through an advertisement posted on his America Online home page. He corresponded with LSI personnel through e-mail and spoke to them over the telephone. In addition, his New York doctor consulted with LSI personnel. The plaintiff traveled to Florida for two surgical procedures at LSI. He was ultimately dissatisfied and brought this medical malpractice claim in New York, asserting that LSI's Internet-based advertisement in New York rendered it subject to New York jurisdiction. The trial court dismissed the claim.
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