Martin v. Niagara Frontier Hockey Corp.

Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff, formerly a hockey player for the Buffalo Sabres, alleged that Buffalo General Hospital was vicariously liable for the negligence of one of the orthopedic resident doctors during arthroscopic surgery on plaintiff’s knee performed on January 2, 1981. The resident was then a first year orthopedic student resident who assisted Dr. Casagrande, the Sabres team doctor, during the surgery. Supreme Court erred in denying the hospital’s motion for summary judgment.

The hospital…