TRIVEDI v. GOLUB


46 A.D.3d 542 (2007)

847 N.Y.S.2d 211

DEEPAK TRIVEDI, Appellant, v. ROBERT GOLUB, Defendant, and FLUSHING HOSPITAL MEDICAL CENTER, Respondent.

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

Decided December 4, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint insofar as asserted against the defendant Flushing Hospital Medical Center is denied.

In an action against an employer based upon the doctrine of respondeat superior, the employee allegedly committing the tortious conduct is not a necessary party (see Rock v County of Suffolk, 212 A.D.2d 587 [1995];

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