KING v. MITCHELL


31 A.D.3d 958 (2006)

819 N.Y.S.2d 169

ASHLEY KING, Respondent, v. ROBERT MITCHELL et al., Defendants, and CAYUGA MEDICAL CENTER AT ITHACA, Appellant.

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

July 13, 2006.


Spain, J.

In this action plaintiff seeks to recover damages for injuries sustained allegedly due to the negligence of her anesthesiologist, defendant Robert Mitchell. The sole issue on appeal is whether defendant Cayuga Medical Center at Ithaca can be held vicariously liable for Mitchell's allegedly tortious actions.

After her family physician detected a tumor in plaintiff's chest cavity, he referred her to a neurosurgeon who in turn referred her to general...

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