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Partner Michael J. Boranian vand Senior Associate Timothy M. O’Toole successfully obtained leave to renew and reargue denial of Summary Judgement on behalf of MCB’s client Hospital in Suffolk County Supreme Court. The initial Summary Judgment decision was denied based upon the incorrect conclusion that non-party private physicians were employees of MCB’s client Hospital, thereby imposing vicarious liability upon the Hospital.
MCB’s original Summary Judgment motion had been opposed and only partially granted, leaving vicarious liability claims pending against the Hospital. MCB subsequently moved for leave to renew and reargue, arguing that the physicians at issue were private attendings and not Hospital employees. Although plaintiff opposed the motion, the Court granted leave to renew and reargue and, upon reconsideration, fully granted MCB’s Summary Judgment motion dismissing all remaining claims against the Hospital.