Appellate Division of the Supreme Court of New York, 1998

Laribee v. City of Rome

Laribee v. City of Rome
Appellate Division of the Supreme Court of New York · Decided October 2, 1998 · Appeal No. 2
254 A.D.2d 805; 678 N.Y.S.2d 565
Laribee v. City of Rome

Cases that cite this one

9 later published cases cite this decision.

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Opinion of the Court

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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