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PADULA v. BUCALO

266 A.D.2d 524 (1999)

698 N.Y.S.2d 911

PATRICIA PADULA, Appellant, v. YVETTE I. BUCALO et al., Defendants, and TERRACE HEIGHTS HOSPITAL, Respondent.

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

Decided November 29, 1999.

Ordered that the judgment is affirmed, with costs.

We reject the plaintiff's contention that the Supreme Court should have charged the jury that the defendant Terrace Heights Hospital (hereinafter the hospital) could be held vicariously liable for the alleged negligence of the defendant Dr. Robert Goldberger, and the nonparty Dr. Jeffrey Applebaum. As a general rule, a hospital is not vicariously liable for the malpractice of a private attending physician who is not...

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