Muslim v. Horizon Medical Group, P.C.

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Ecker, J.), dated March 26, 2012, which granted the motion of the defendant St. Anthony’s Community Hospital for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

At issue here is whether the defendant St. Anthony’s Community Hospital (hereinafter the hospital) is vicariously liable for the alleged medical malpractice of the defendant Dominic Berlingieri, a pediatrician who…