With regard to the hospital's vicarious liability for the alleged malpractice in the treatment of plaintiff's decedent, based upon all of the attendant circumstances (Augeri v Massoff, 134 A.D.2d 308, 309), a triable issue of fact exists as to whether the decedent justifiably relied upon the skill and care of the two defendant physicians or was treated by them under the apparent authority of the hospital (see, Hill v. St. Clare's Hosp., 67 N.Y.2d 72, 79-81). The physicians' conclusory statements that they were acting independently of the hospital do not serve conclusively to establish the degree of control actually exercised over them by the hospital (see, Kavanaugh v. Nussbaum, 71 N.Y.2d 535, 547; Hill v. St. Clare's Hosp., supra).
Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.