CARDOZA v. LAWRENCE HOSPITAL

The IAS Court correctly found issues of fact precluding summary judgment in favor of defendant hospital, including whether the defendant physician, who treated plaintiff upon arrival at the hospital's emergency room, was acting on the hospital's behalf at the time of his alleged acts of malpractice ( cf., Sarivola v Brookdale Hosp. Med. Ctr., 204 A.D.2d 245; Nagengast v Samaritan Hosp., 211 A.D.2d 878), and whether the treatment by either or both the physician and hospital staff deviated from accepted medical practice, parties having submitted conflicting expert affidavits in that regard ( see, Farkas v. Saary, 191 A.D.2d 178, 180-181).

Concur — Rosenberger, J.P., Kupferman, Asch, Nardelli and Mazzarelli, JJ.