Klein v. Wallace

Appellate Division of the Supreme Court of New York

Klein v. Wallace

161 A.D.2d 1149

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1149 (Klein v. Wallace) 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

Klein v. Wallace, 161 A.D.2d 1149 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously reversed on the law without costs and defendants’ motion granted. Memorandum: Upon our review of the record, we conclude that defendant Wallace established his entitlement to summary judgment as a matter of law and that plaintiffs failed to establish a triable issue of fact whether Dr. Wallace exercised such control over the members of the medical staff at United Medical Consultants as to subject him to vicarious liability for their negligence and/or malpractice. (Appeal from order of Supreme Court, Monroe County, Cur-ran, J.—summary judgment.) Present—Dillon, P. J., Callahan, Denman, Balio and Davis, JJ.

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Order unanimously reversed on the law without costs and defendants’ motion granted. Memorandum: Upon our review of the record, we conclude that defendant Wallace established his entitlement to summary judgment as a matter of law and that plaintiffs failed to establish a triable issue of fact whether Dr. Wallace exercised such control over the members of the medical staff at United Medical Consultants as to subject him to vicarious liability for their negligence and/or malpractice. (Appeal from order of Supreme Court, Monroe County, Cur-ran, J.—summary judgment.) Present—Dillon, P. J., Callahan, Denman, Balio and Davis, JJ.

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Bluebook (online)

161 A.D.2d 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-wallace-nyappdiv-1990.