Opinion
October 1, 1998
Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).
There are no issues of fact as to whether third-party defendant private hospital's employees, ambulance paramedics who were dispatched by defendant municipal emergency ambulance service to take plaintiff to defendant municipal hospital, were agents or special employees of the municipal defendants, and, accordingly, we agree with the IAS Court that the municipal defendants cannot be held vicariously liable for the paramedics' alleged negligence ( see, Kellogg v. Church Charity Found., 203 N.Y. 191; cf., Matter of Hill v. Boufford, 141 Misc.2d 654, 657-658). Nor are there any issues of fact as to whether the municipal defendants were themselves negligent. We have considered plaintiff's other claims and find them to be without merit.
Concur — Lerner, P.J., Wallach, Rubin and Tom, JJ.