From Casetext: Smarter Legal Research

Martha v. St. Barnabas

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 2007
36 A.D.3d 567 (N.Y. App. Div. 2007)

Opinion

No. 97.

January 30, 2007.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about May 8, 2006, which granted the motion of defendant hospital and defendant Abdallah for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Ronald Yang, Brooklyn, for appellant.

Garbarini Scher, P.C., New York (William D. Buckley of counsel), for respondents.

Before: Saxe, J.P., Marlow, Sullivan, Nardelli and Gonzalez, JJ.


The record establishes that three days after plaintiffs admission to defendant hospital via the emergency room, she was referred to defendant Dr. Piccorelli, an attending vascular surgeon, who treated her and performed an unsuccessful saphenous vein bypass in her left leg, which later had to be amputated above the knee. The hospital is not liable for the acts of the private attending physician. Nor may liability be assigned to defendant doctor Abdallah, a resident at the hospital, who merely assisted and took orders from Piccorelli during the unsuccessful operation ( see Walter v Betancourt, 283 AD2d 223, 224 [2001]).

We have considered plaintiffs remaining contentions and find them unavailing.


Summaries of

Martha v. St. Barnabas

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 2007
36 A.D.3d 567 (N.Y. App. Div. 2007)
Case details for

Martha v. St. Barnabas

Case Details

Full title:MARTHA CUNNINGHAM, Appellant, v. ST. BARNABAS HOSPITAL et al.…

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

Date published: Jan 30, 2007

Citations

36 A.D.3d 567 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 586
827 N.Y.S.2d 658

Citing Cases

Bialick v. Camins

Mt. Sinai established prima facie, via deposition transcripts and an expert affirmation, that its staff…

Akel v. Girardi

Cerny v. Williams, 32 AD3d 881, 883 (2d Dept. 2006). See Cunningham v. St. Barnabas Hosp., 36 AD3d 567 (1st…