Katz v. Long Island Jewish-Hillside Medical Center

OPINION OF THE COURT

Stanley L. Sklar, J.

The issues presented are (a) whether the plaintiffs may seek to hold a professional corporation (P.C.) vicariously liable for the acts of two non party physician employees when the P.C. was, after expiration of the Statute of Limitations, made a party to this action based solely on its unity of interest with another physician who was an employee and shareholder of the P.C., and who was timely served; and (b) whether that timely served physician may be held vicariously liable for the two nonparty physicians on the basis of de facto employment.

*817Dr. John…