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ROBINSON v. JEWISH HOSP. & MED. CTR. OF BROOKLYN

154 A.D.2d 448 (1989)

Josephine Robinson et al., Plaintiffs, v. Jewish Hospital and Medical Center of Brooklyn et al., Defendants and First and Second Third-Party Plaintiffs-Respondents, et al., Defendants. Anesthesiology Service et al., Third-Party Defendants; Adel Aziz, Second Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 10, 1989

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that issues of fact existed concerning the identity of the employer of the anesthesiologist who administered anesthesia and allegedly caused the plaintiff Josephine Robinson's injuries. Since Dr. Aziz failed to establish that he was not in fact the employer, coemployer, or a partner in the entity that employed the anesthesiologist, the Supreme Court properly...

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