KLIPPEL v. RUBINSTEIN


300 A.D.2d 448 (2002)

751 N.Y.S.2d 553

WALTER F. KLIPPEL et al., Appellants, v. ALAN R. RUBINSTEIN et al., Respondents.

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

Decided December 16, 2002.


Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiffs' contentions, the Supreme Court properly declined to charge that the defendant Horton Memorial Hospital was vicariously liable for the negligent acts or malpractice of certain doctors who responded to an emergency page and assisted in the treatment of the decedent in the hospital's labor and delivery room. While...

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