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SAMAHA v. PRESBYTERIAN HOSP. IN CITY OF NEW YORK

No. 673, Docket 84-7818.

757 F.2d 529 (1985)

Beth SAMAHA, Plaintiff-Appellant, v. The PRESBYTERIAN HOSPITAL IN the CITY OF NEW YORK, Robert E. Carroll, "Edward" Craig (the Name Edward Being Fictitious), "Michael" Kelly (the Name Michael Being Fictitious), "Frederick" Craig, (the Name Frederick Being Fictitious), Harold M. Dick, Hilda Pederson, Leonard Braus and Catherine Riley, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 18, 1985.

Attorney(s) appearing for the Case

Joel Kreizman, Red Bank, N.J. (Evans, Koelzer, Osborne, Kreizman, Red Bank, N.J., Harold A. Schuman, Schuman & Butz, Toms River, N.J., Dempsey & Langan, Peekskill, N.Y., of counsel), for plaintiff-appellant.

Dennis Breitner, New York City (Kanterman, Taub & Breitner, P.C., New York City, of counsel), for defendants-appellees The Presbyterian Hospital in the City of New York, Robert E. Carroll, Harold M. Dick, Michael Kelly, Michael Craig s/h/a "Frederick" Craig, Edward Craig, and Catherine Riley.

Howard R. Cohen, New York City (Bower & Gardner, New York City, of counsel), for defendants-appellees Hilda Pederson and Leonard Brand s/h/a Leonard Braus.

Before NEWMAN, KEARSE and PRATT, Circuit Judges.

PER CURIAM:

Plaintiff Beth Samaha appeals from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, dismissing her medical malpractice suit for lack of jurisdiction because of absence of diversity of citizenship, and from an order denying plaintiff's motion to amend her complaint to eliminate those defendants whose citizenship is not diverse from her own. We reverse and remand with a direction to permit...

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