Lewis v. Manis

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of the motion of defendant Jones Memorial Hospital (Hospital) seeking summary judgment dismissing the claim that it is vicariously liable for the alleged malpractice of defendant Dr. Richard B. Manis, the attending orthopedic surgeon called in to treat Jaime Lewis (plaintiff). A hospital may be held vicariously liable for the acts of a physician who is an independent contractor where the patient presents himself to the hospital emergency room for treatment and “the hospital determines how and by…