SCHULTZ v. SHREEDHAR

2008-10332.

66 A.D.3d 666 (2009)

886 N.Y.S.2d 484

2009 NY Slip Op 7244

JAMES SCHULTZ, Respondent, v. RAKESH SHREEDHAR, Defendant, and NYACK HOSPITAL, Appellant.

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

Decided October 6, 2009.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Nyack Hospital for summary judgment dismissing the complaint insofar as asserted against it is granted.

The Supreme Court erred in denying the motion of the defendant Nyack Hospital (hereinafter Nyack) for summary judgment dismissing the complaint insofar as asserted against it. "Generally, a hospital cannot be held vicariously liable for the malpractice of a private attending...

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