Kerber v. Sarles

Appellate Division of the Supreme Court of New York

Kerber v. Sarles

151 A.D.2d 1032, 544 N.Y.S.2d 522, 1989 N.Y. App. Div. LEXIS 8384

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

DecidedJune 2, 1989

StatusPublished

Cited by1 cases

This text of 151 A.D.2d 1032 (Kerber v. Sarles) 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

Kerber v. Sarles, 151 A.D.2d 1032, 544 N.Y.S.2d 522, 1989 N.Y. App. Div. LEXIS 8384 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously affirmed with costs. Memorandum: In affirming, we do not adopt any inference in Special Term’s decision which could be interpreted as holding that the hospital is vicariously liable for the acts of an independent physician (see, Hill v St. Clare’s Hosp., 67 NY2d 72, 79; Bleiler v Bodnar, 65 NY2d 65, 73); however, there is a question of fact whether the hospital provided the anesthetist and, if so, whether it can be held liable (see, Hill v St. Clare’s Hosp., supra, at 80-81). (Appeal from order of Supreme Court, Erie County, Gossel, J. — summary judgment.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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Order unanimously affirmed with costs. Memorandum: In affirming, we do not adopt any inference in Special Term’s decision which could be interpreted as holding that the hospital is vicariously liable for the acts of an independent physician (see, Hill v St. Clare’s Hosp., 67 NY2d 72, 79; Bleiler v Bodnar, 65 NY2d 65, 73); however, there is a question of fact whether the hospital provided the anesthetist and, if so, whether it can be held liable (see, Hill v St. Clare’s Hosp., supra, at 80-81). (Appeal from order of Supreme Court, Erie County, Gossel, J. — summary judgment.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

151 A.D.2d 1032, 544 N.Y.S.2d 522, 1989 N.Y. App. Div. LEXIS 8384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerber-v-sarles-nyappdiv-1989.

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