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SANTIAGO v. BRANDEIS M.D.

309 A.D.2d 621 (2003)

766 N.Y.S.2d 25

GLADYS SANTIAGO, Respondent, v. STEVEN Z. BRANDEIS, M.D., et al., Appellants, et al., Defendant.

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

Decided October 21, 2003.

Although defendant hospital urges that it is entitled to summary judgment because one of the physicians against whom malpractice is alleged was not its employee, that circumstance is not dispositive where, as here, there is no indication that plaintiff requested to be treated by that physician and factual issues are raised as to whether plaintiff reasonably believed that the physician in question had been provided by the hospital...

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