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BIEGER v. KALEIDA HEALTH SYS., INC.

962 CA 19-02038.

195 A.D.3d 1473 (2021)

150 N.Y.S.3d 176

2021 NY Slip Op 03772

Verna Bieger, as Executrix of the Estate of Nelson J. Bieger, Deceased, Respondent, v. Kaleida Health System, Inc., Doing Business as Buffalo General Hospital, et al., Appellants, et al., Defendants.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

GIBSON, McASKILL & CROSBY, LLP, BUFFALO ( MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI LLP, BUFFALO ( MICHAEL R. DRUMM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is modified on the law by granting those parts of the motion for summary judgment dismissing the complaint and any cross claims against defendant Patrick Drummond, M.D., and for summary judgment dismissing the complaint and any cross claims against defendant Kaleida Health System, Inc., doing business as Buffalo General Hospital, insofar as the complaint asserts a claim of vicarious liability against that defendant arising...

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