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BURG v. HEALTH CARE PLAN

281 A.D.2d 976 (2001)

722 N.Y.S.2d 843

DONALD BURG, Appellant, v. HEALTH CARE PLAN, Respondent, et al., Defendants. (Appeal No. 1.)

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

Decided March 21, 2001.

Order unanimously reversed on the law without costs, motion denied and complaint against defendant Health Care Plan reinstated.

Memorandum:

We agree with plaintiff that Supreme Court erred in granting the motion of defendant Health Care Plan for summary judgment dismissing the complaint against it (appeal No. 1). Public Health Law § 4410 (1) does not preclude a health maintenance organization from being held vicariously liable for the malpractice of its...

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