Burg v. Health Care Plan

Order unanimously reversed on the law without costs, motion denied and complaint against defendant Health Care Plan reinstated. Memorandum: We agree with plaintiff that Supreme Court erred in granting the motion of defendant Health Care Plan for summary judgment dismissing the complaint against it (appeal No. 1). Public Health Law § 4410 (1) does not preclude a health maintenance organization from being held vicariously liable for the malpractice of its physician employees (see, Wisholek v Douglas [appeal No. 2], 280 AD2d 220 [decided herewith]). We disagree with plaintiff, however, that the…