HILL v. ST. CLARE'S HOSP.


67 N.Y.2d 72 (1986)

Birdell Hill et al., Respondents, v. St. Clare's Hospital et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 19, 1986.


Attorney(s) appearing for the Case

Stuart E. Kahan and Marshal S. Endick for St. Clare's Hospital, appellant.

Laurence M. McKenna for Rudolph F. Bono, appellant.

Herman Schmertz for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE and TITONE concur; Judges ALEXANDER and HANCOCK, JR., taking no part.


MEYER, J.

Involved in this appeal are questions of vicarious liability of a physician operating a clinic and of the effect with respect to a successive tort-feasor of a release given to the original tort-feasor. As to the first, we conclude that a physician who owns a medical clinic which is held out to the public as offering medical services may be held vicariously liable for the malpractice of a treating doctor...

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