SIMMONS v. CRYSTAL


301 A.D.2d 401 (2003)

752 N.Y.S.2d 861

WILLIAM SIMMONS et al., Respondents, v. HOWARD CRYSTAL, M.D., Appellant, et al., Defendant.

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

Decided January 14, 2003.


An issue of fact exists as to whether appellant was acting within the scope of his employment at North Central Bronx Hospital, a facility of the New York City Health and Hospitals Corporation, at the time of the alleged malpractice. However, we modify so as to grant leave to renew since this issue of fact might well be resolved by additional evidence of appellant's employment, including, in particular, the entire affiliation agreement between Health and Hospitals Corporation...

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