Hilsen v. City of New York

Appellate Division of the Supreme Court of New York

Hilsen v. City of New York

254 A.D.2d 10, 677 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 9946

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1998

StatusPublished

Cited by1 cases

This text of 254 A.D.2d 10 (Hilsen v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hilsen v. City of New York, 254 A.D.2d 10, 677 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 9946 (N.Y. Ct. App. 1998).

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Opinion

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about May 19, 1997, which, in an action for personal injury, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There are no issues of fact as to whether third-party defendant private hospital’s employees, ambulance paramedics who were dispatched by defendant municipal emergency ambulance service to take plaintiff to defendant municipal hospital, were agents or special employees of the municipal defendants, and, accordingly, we agree with the IAS Court that the municipal defendants cannot be held vicariously liable for the paramedics’ alleged negligence (see, Kellogg v Church Charity Found., 203 NY 191; cf., Matter of Hill v Boufford, 141 Misc 2d 654, 657-658). Nor are there any issues of fact as to whether the municipal defendants were themselves negligent. We have considered plaintiff’s other claims and find them to be without merit. Concur — Lerner, P. J., Wallach, Rubin and Tom, JJ.

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Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about May 19, 1997, which, in an action for personal injury, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There are no issues of fact as to whether third-party defendant private hospital’s employees, ambulance paramedics who were dispatched by defendant municipal emergency ambulance service to take plaintiff to defendant municipal hospital, were agents or special employees of the municipal defendants, and, accordingly, we agree with the IAS Court that the municipal defendants cannot be held vicariously liable for the paramedics’ alleged negligence (see, Kellogg v Church Charity Found., 203 NY 191; cf., Matter of Hill v Boufford, 141 Misc 2d 654, 657-658). Nor are there any issues of fact as to whether the municipal defendants were themselves negligent. We have considered plaintiff’s other claims and find them to be without merit. Concur — Lerner, P. J., Wallach, Rubin and Tom, JJ.

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Bluebook (online)

254 A.D.2d 10, 677 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 9946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilsen-v-city-of-new-york-nyappdiv-1998.

Opinion

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