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SMOLLAR v. LONG ISLAND JEWISH MED. CTR.

166 A.D.2d 642 (1990)

Alvin Smollar et al., Respondents, v. Long Island Jewish Medical Center et al., Defendants, and Eric Asnis, Appellant

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

October 22, 1990

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

The allegations in the complaint establish a jural relationship between the defendant Dr. Asnis and the defendant hospital such that the latter may be vicariously liable for the alleged negligence of the former (see, Connell v Hayden, 83 A.D.2d 30, 48). Moreover, contrary to Dr. Asnis's contention, there are no defenses vis-à-vis the plaintiffs...

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