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LEWIS v. MANIS

266 A.D.2d 844 (1999)

697 N.Y.S.2d 428

JAIME LEWIS et al., Respondents, v. RICHARD B. MANIS, Defendant, and JONES MEMORIAL HOSPITAL, Appellant.

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

Decided November 12, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of the motion of defendant Jones Memorial Hospital (Hospital) seeking summary judgment dismissing the claim that it is vicariously liable for the alleged malpractice of defendant Dr. Richard B. Manis, the attending orthopedic surgeon called in to treat Jaime Lewis (plaintiff). A hospital may be held vicariously liable for the acts of a physician who is an independent...

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