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BUSH v. DOLAN

149 A.D.2d 799 (1989)

Wayde Bush, Respondent, v. John M. Dolan et al., Defendants, and St. Clare's Hospital, Appellant

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

April 6, 1989

Casey, J.

Plaintiff's discovery demands must first be considered in the light of the potential liability of defendant St. Clare's Hospital (hereinafter defendant) to plaintiff for malpractice. A hospital cannot be held vicariously liable for the acts of a duly licensed physician who is not its employee (Fiorentino v Wenger, 19 N.Y.2d 407; Raschel v Rish, 110 A.D.2d 1067

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