Opinion
2002-05612
Argued September 16, 2003.
October 14, 2003.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Clemente, J.), dated May 22, 2002, as, upon a jury verdict, is in favor of the defendant New York Presbyterian Hospital, Inc., and against them dismissing the complaint insofar as asserted against that defendant.
Calano Calano, LLP, New York, N.Y. (Michael A. Calano of counsel), for appellants.
Martin, Clearwater Bell, New York, N.Y. (Nancy A. Breslow of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, the complaint is reinstated insofar as asserted against the defendant New York Presbyterian Hospital, Inc., and a new trial is granted with respect to that defendant, with costs to abide the event.
We agree with the plaintiffs that the Supreme Court erred in failing to submit to the jury interrogatories regarding the alleged vicarious liability of the defendant New York Presbyterian Hospital, Inc. (hereinafter NYPH), and thus a new trial is required ( see Voulo v. Bozza, 294 A.D.2d 494). There was sufficient evidence for the jury to find that a surgical intern, an NYPH employee, performed the procedure that caused the injuries sustained by the plaintiff Gregory Shinder ( cf. O'Regan v. Lundie, 299 A.D.2d 531).
However, the Supreme Court properly permitted cross-examination of the plaintiffs' expert regarding the circumstances under which the expert left the employment of NYPH. The questioning was narrowly tailored to the issue of the witness's credibility and his potential bias or hostility toward NYPH ( see Badr v. Hogan, 75 N.Y.2d 629; see also Platovsky v. City of New York, 275 A.D.2d 699, 670).
PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.