Opinion
January 19, 1988
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is affirmed, with costs to the plaintiff payable by the appellant.
It was not improper to grant the plaintiff leave to amend the complaint under CPLR 3025 (b), and to substitute the defendant Zarowitz's real name for the fictitious name appearing in the summons and complaint (see, Duffy v Horton Mem. Hosp., 119 A.D.2d 847).
The defendant Zarowitz was "on call" at the defendant hospital's emergency room on May 22, 1983, the date of the alleged negligent treatment of the decedent, and was subject to the hospital's rules and regulations regarding emergency room physician care. The hospital bill sent to the deceased included a charge attributable to medical services rendered to the deceased by the defendant Zarowitz. Since, under such circumstances, the hospital would be vicariously liable for the negligence committed by the defendant Zarowitz (see, Felice v St. Agnes Hosp., 65 A.D.2d 388; Mduba v Benedictine Hosp., 52 A.D.2d 450), the defendant Zarowitz and the hospital are united in interest (see, Connell v Hayden, 83 A.D.2d 30). Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.