Laribee v. City of Rome

Full title: MELISSA A. LARIBEE et al., Appellants, v. CITY OF ROME et al.…

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

Date published: Oct 2, 1998

254 A.D.2d 805 (N.Y. App. Div. 1998)

678 N.Y.S.2d 565

Opinion

October 2, 1998

Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.

Present — Denman, P. J., Green, Wisner, Balio and Fallon, JJ.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of City of Rome, Rome Hospital Murphy Memorial Hospital and Rome Hospital Obstetrical Center (defendants) for summary judgment dismissing the complaint against them. Defendants established that the treating physicians were not their employees and that defendants thus are not vicariously liable ( see, Hill v. St. Clare's Hosp., 67 N.Y.2d 72, 79).