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KERBER v. SARLES, SHERIDAN PARK HOSP., INC
Appellate Division of the Supreme Court of New York, Fourth Department.
Jun 2, 1989
Order unanimously affirmed with costs. Memorandum: In affirming, we do not adopt any inference in Special Term's decision which could be interpreted as holding that the hospital is vicariously liable for the acts of an independent physician (see, Hill v. St. Clare's Hosp., 67 N.Y.2d 72, 79; Bleiler v Bodnar, 65 N.Y.2d 65, 73); however, there is a question of fact whether the hospital provided the anesthetist and, if so, whether it can be held liable (see, Hill v. St. Clare's Hosp., supra, at 80-81).
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