Laribee v. City of Rome

Appellate Division of the Supreme Court of New York

Laribee v. City of Rome

254 A.D.2d 805, 678 N.Y.S.2d 565

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1998·No. Appeal No. 2·Published·Cited by 9 cases

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of City of Rome, Rome Hospital & Murphy Memorial Hospital and Rome Hospital Obstetrical Center (defendants) for summary judgment dismissing the complaint against them. Defendants established that the treating physicians were not their employees and that defendants thus are not vicariously liable (see, Hill v St. Clare’s Hosp., 67 NY2d 72, 79). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.) Present — Denman, P. J., Green, Wisner, Balio and Fallon, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of City of Rome, Rome Hospital & Murphy Memorial Hospital and Rome Hospital Obstetrical Center (defendants) for summary judgment dismissing the complaint against them. Defendants established that the treating physicians were not their employees and that defendants thus are not vicariously liable (see, Hill v St. Clare’s Hosp., 67 NY2d 72, 79). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.) Present — Denman, P. J., Green, Wisner, Balio and Fallon, JJ.

Laribee v. City of Rome, 254 A.D.2d 805, 678 N.Y.S.2d 565 (N.Y. Ct. App. 1998).

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Opinion

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