Legal Opinion
Abraham v. Dulit
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1998PublishedCited by 18 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the defendant White Plains Hospital Center appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), dated October 16, 1997, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
As a general rule, a hospital may not be held vicariously liable for the malpractice of a private attending physician who is not an employee of the hospital (see, Hill v St. Clare’s…
2Cases cited4 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Litwak v. Our Lady of Victory Hospital of LackawannaAppellate Division of the Supreme Court of the State of New York · 1997
- Ryan v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1995
- Gunther v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by18 opinions
- Austin v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 1999
- Orgovan v. BloomAppellate Division of the Supreme Court of the State of New York · 2004
- Keitel v. KurtzAppellate Division of the Supreme Court of the State of New York · 2008
- Schiavone v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2002
- Thurman v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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