CONTI v. FRANK


22 A.D.3d 342 (2005)

801 N.Y.S.2d 897

JULIE CONTI et al., Appellants, v. RICHARD FRANK, Respondent.

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

October 18, 2005.


There appears to be no dispute that plaintiff would have no cause of action for legal malpractice based on defendant's failure to commence a timely action against a physician who treated plaintiff if, at the time of the alleged medical malpractice, such physician were an employee of the hospital against which defendant did commence a timely action. If so, then any medical malpractice committed by the physician would have been imputable to the hospital (see Hill v. St....

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