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PAGAN v. TIWARI

256 A.D.2d 23 (1998)

680 N.Y.S.2d 524

JOSEPH S. PAGAN, as Administrator of the Estate of NADIA PAGAN, Deceased, Respondent, v. PRAMILA TIWARI, Appellant, et al., Defendant.

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

Decided December 1, 1998.

Appellant cannot be held vicariously liable for the malpractice committed by the codefendant, who, in covering appellant's radiology practice while appellant was on vacation, read the films of the deceased's 1991 mammogram, there being no evidence tending to show that appellant had any control over the codefendant or that the two acted jointly in the reading of the mammogram (see, Kavanaugh v Nussbaum, 71...

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