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RIZZO v. STATEN ISLAND UNIVERSITY HOSPITAL

29 A.D.3d 668 (2006)

815 N.Y.S.2d 162

JULIE RIZZO et al., Appellants, v. STATEN ISLAND UNIVERSITY HOSPITAL, Respondent, et al., Defendants.

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

May 9, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

"As a general rule, a hospital is not vicariously liable for the malpractice of a private attending physician who is not its employee" (Padula v Bucalo, 266 A.D.2d 524 [1999]; see Hill v St. Clare's Hosp., 67 N.Y.2d 72, 79 [1986]; Johanessen v Singh, 259 A.D.2d 670...

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