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BROWN v. TRANSCARE NEW YORK, INC.

27 A.D.3d 350 (2006)

811 N.Y.S.2d 655

DIANA BROWN, as Administratrix of the Estate of ANDRE BROWN, Also Known as ANDRE BROWN, SR., Deceased, Appellant, v. TRANSCARE NEW YORK, INC., et al., Defendants, and CITY OF NEW YORK FIRE DEPARTMENT et al., Respondents.

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

March 23, 2006.

There were no triable issues of fact as to whether the city defendants could be held vicariously liable for the actions of defendant St. Barnabas Hospital's contractor, defendant Transcare New York, where the ambulance and its personnel were not hired, compensated or trained by the city defendants (see Hilsen v City of New York, 254 A.D.2d 10 [1998], lv denied 92 N.Y.2d 817 [1998] [no vicarious liability for actions of private...

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