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BROWN v. LAFONTAINE-RISH MEDICAL ASSOCIATES

33 A.D.3d 470 (2006)

822 N.Y.S.2d 527

MARGARET BROWN, as Administratrix of the Estate of JOEL CUNNINGHAM, Deceased, Respondent, v. LAFONTAINE-RISH MEDICAL ASSOCIATES et al., Defendants, and ARTHUR KISSEL, Appellant.

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

Decided October 19, 2006.

The trial court correctly held appellant vicariously liable, as a matter of law, for the malpractice of defendants anesthesiologist and surgeon. The record established, inter alia, that the cause of death was complications of anesthesia and failure to have a working laryngoscope in the operating room, that appellant founded the clinic, and, as a principal thereof, interviewed, hired and paid its doctors and effectively controlled...

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