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Kerber v. Sarles, Sheridan Park Hosp., Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 1032 (N.Y. App. Div. 1989)

Opinion

June 2, 1989

Appeal from the Supreme Court, Erie County, Gossel, J.

Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: In affirming, we do not adopt any inference in Special Term's decision which could be interpreted as holding that the hospital is vicariously liable for the acts of an independent physician (see, Hill v. St. Clare's Hosp., 67 N.Y.2d 72, 79; Bleiler v Bodnar, 65 N.Y.2d 65, 73); however, there is a question of fact whether the hospital provided the anesthetist and, if so, whether it can be held liable (see, Hill v. St. Clare's Hosp., supra, at 80-81).


Summaries of

Kerber v. Sarles, Sheridan Park Hosp., Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 1032 (N.Y. App. Div. 1989)
Case details for

Kerber v. Sarles, Sheridan Park Hosp., Inc.

Case Details

Full title:NORMA J. KERBER, Appellant, v. HAROLD SARLES, Defendant, and SHERIDAN PARK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 2, 1989

Citations

151 A.D.2d 1032 (N.Y. App. Div. 1989)
542 N.Y.S.2d 96

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