Pellegrino v. Cunanan

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the cross motion of defendant hospital for summary judgment dismissing the complaint and cross claims against it. Although a hospital may not be held liable for the negligence of a private attending physician practicing at its facility, it "may yet be held concurrently liable with a private practitioner for the independent negligence of [its] medical staff” (Gerner v Long Is. Jewish Hillside Med. Ctr., 203 AD2d 60, 61-62). Here, in opposition to the motion of defendant hospital, plaintiffs submitted an…