Legal Opinion
Bush v. Dolan
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1989PublishedCited by 29 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Conway, J.), entered May 2, 1988 in Albany County, which denied defendant St. Clare’s Hospital’s motion for a protective order.
Plaintiff’s discovery demands must first be considered in the light of the potential liability of defendant St. Clare’s Hospital (hereinafter defendant) to plaintiff for malpractice. A hospital cannot be held vicariously liable for the acts of a duly licensed physician who is not its employee (Fiorentino v Wenger, 19 NY2d 407; Raschel v Rish, 110 AD2d 1067). Therefore, the only theory on which defendant can be held liable for…
2Cases cited5 opinions
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Raschel v. RishAppellate Division of the Supreme Court of the State of New York · 1985
- Lilly v. TureckiAppellate Division of the Supreme Court of the State of New York · 1985
- Byork v. CarmerAppellate Division of the Supreme Court of the State of New York · 1985
- Carroll v. NunezAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by29 opinions
- Kivlehan v. WaltnerAppellate Division of the Supreme Court of the State of New York · 2007
- Orner v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Albany Medical Center Hospital v. DenisAppellate Division of the Supreme Court of the State of New York · 1990
- Swartzenberg v. TrivediAppellate Division of the Supreme Court of the State of New York · 1993
- Van Caloen v. PoglincoAppellate Division of the Supreme Court of the State of New York · 1995
24 more not listed; retrieve them via the Exa API.