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OUBRE v. CARPENTER

241 A.D.2d 964 (1997)

661 N.Y.S.2d 346

James Oubre, Individually and as Father and Natural Guardian of Sarah Oubre, an Infant, Respondent-Appellant, v. Robert E. Carpenter et al., Respondents, Millard Fillmore Hospital et al., Appellants-Respondents, and Johnny Reyes, Appellant, et al., Defendants. (Appeal No. 1.)

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

July 3, 1997

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in granting a new trial against defendant Johnny Reyes, M.D., and against defendants Millard Fillmore Hospital and Millard Fillmore Suburban Hospital (collectively Hospital) on the basis of vicarious liability based upon the alleged negligence of Dr. Reyes. Viewing the evidence, as we must, in the light most favorable to Dr. Reyes and the Hospital (see, Meizlik v Benderson...

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