Opinion
September 29, 2000.
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.
PRESENT: GREEN, J. P., PINE, HAYES, HURLBUTT AND KEHOE, JJ.
Order unanimously reversed on the law without costs, motion denied and complaint against defendant Sheehan Memorial Hospital reinstated. Memorandum : Supreme Court erred in granting the motion of Sheehan Memorial Hospital (defendant) for summary judgment dismissing the complaint against it. Although a hospital may not be held liable for the negligence of a private attending physician practicing at its facility, it "may yet be held concurrently liable with a private practitioner for the independent negligence of [its] medical staff" ( Gerner v. Long Is. Jewish Hillside Med. Ctr., 203 A.D.2d 60, 61-62; see, Pellegrino v. Cunanan, 227 A.D.2d 950). Defendant failed to establish as a matter of law that its employees did not deviate from accepted nursing practice and therefore failed to sustain its burden of establishing entitlement to summary judgment ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Indelicato v. Wyckoff Hgts. Hosp., 205 A.D.2d 664, 665; Groeger v. Col-Les Orthopedic Assocs., P.C., 149 A.D.2d 973; cf., Olivero v. Kropelin, 186 A.D.2d 1086).