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).