Barker v. Saltzman

The plaintiffs cause of action against the defendant Dr. Gerald Thurer concerns, inter alia, the allegedly negligent administration of anesthesia during certain podiatric surgery performed upon him at Massapequa General Hospital, and is based upon a theory of vicarious liability.

The defendant Thurer contends that Special Term erred in denying his motion for summary judgment dismissing the complaint and the cross claims asserted against him because he never saw, treated or consulted with any physicians regarding the plaintiff. He points out that during the period of the plaintiffs…