Summary
holding private attending physicians at a hospital that are not employed by that hospital could nevertheless lead to respondeat superior liability under the “degree of control” test, but that the degree of control is an issue of fact
Summary of this case from Robles v. Holy See (Vatican City)Opinion
December 20, 1985
Appeal from the Supreme Court, Monroe County, Patlow, J.
Present — Dillon, P.J., Hancock, Jr., Callahan, Pine and Schnepp, JJ. [ 125 Misc.2d 716.]
Order unanimously affirmed, with costs to respondents (see, Watkins v Fromm, 108 A.D.2d 233).