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GARDNER v. BROOKDALE HOSPITAL MEDICAL CENTER

2009-04260.

73 A.D.3d 1124 (2010)

901 N.Y.S.2d 680

CRYSTAL GARDNER, Appellant, v. BROOKDALE HOSPITAL MEDICAL CENTER, Respondent.

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

Decided May 25, 2010.

Ordered that the order is affirmed, 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, 524 [1999]; see Hill v St. Clare's Hosp., 67 N.Y.2d 72, 79 [1986]; Orgovan v Bloom, 7 A.D.3d 770 [2004];

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