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ALOISIO v. NEW YORK-PRESBYT./WEILL CORNELL MED. CTR.

Index No. 805311/20. Appeal No. 15944. Case No. 2021-04394.

205 A.D.3d 514 (2022)

166 N.Y.S.3d 519

2022 NY Slip Op 03205

John Aloisio, as Executor of the Estate of Elizabeth Aloisio, Deceased, Respondent, v. New York-Presbyterian/Weill Cornell Medical Center et al., Respondents, and Bayerische Stammzellbank gGMBH, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2022.

Attorney(s) appearing for the Case

Reed Smith LLP, New York (Lonnie E. Klein of counsel), and Reed Smith LLP, Pittsburgh, PA (Devin M. Misour of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice of counsel), for appellant.

Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for John Aloisio, respondent.

Heidell Pittoni Murphy & Bach LLP, New York (Daniel S. Ratner of counsel), for New York-Presbyterian/Weill Cornell Medical Center, Tsiporah B. Shore, M.D. and Jingmei HSU, M.D., respondents.

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

There is no jurisdiction pursuant to either CPLR 302(a)(1) or (3)(ii) over BSB, a stem donor registry located in Bavaria. BSB was contacted through a chain of interactions between donor registries that began with decedent's New York physicians reaching out to the National Marrow Donor Program in Minnesota to find a match for decedent so that she could undergo a bone marrow transplant to treat her leukemia. When no match was found there, the search was expanded, including...

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