SHUMWAY v. GENEVA GEN. HOSP.


233 A.D.2d 868 (1996)

649 N.Y.S.2d 288

Diane L. Shumway, as Administrator of The Estate of Dina M. Shumway, Deceased, Appellant, v. Geneva General Hospital, Respondent. (Action No. 1.) Daniel C. Rapini, Appellant, v. Geneva General Hospital, Respondent. (Action No. 2.)

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

November 8, 1996


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant, Geneva General Hospital (Hospital), for summary judgment dismissing the complaints. The Hospital established its entitlement to judgment as a matter of law that it was not vicariously liable for the tortious acts of its employee and plaintiffs failed to raise an issue of fact (see, Swartzlander v Forms-Rite Bus. Forms & Print. Serv.<...

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