HILSEN v. CITY OF NEW YORK


254 A.D.2d 10 (1998)

677 N.Y.S.2d 922

Rita Hilsen, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

October 1, 1998


There are no issues of fact as to whether third-party defendant private hospital's employees, ambulance paramedics who were dispatched by defendant municipal emergency ambulance service to take plaintiff to defendant municipal hospital, were agents or special employees of the municipal defendants, and, accordingly, we agree with the IAS Court that the municipal defendants cannot be held vicariously liable for the paramedics' alleged negligence (see, Kellogg v Church...

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