Torns v. Samaritan Hosp., 305 A.D.2d 965, 761 N.Y.S.2d 126, 2003 N.Y. Slip Op. 14553, N.Y.A.D. 3 Dept., May 29, 2003
Patient brought medical malpractice action against hospital and others in connection with care she received when undergoing surgery for her broken leg. The Supreme Court, Rensselaer County, Canfield, J., denied hospital's cross- motion for summary judgment, and hospital appealed. The Supreme Court, Appellate Division, Peters, J., held that: (1) genuine issue of material fact precluded summary judgment on issue of hospital's vicarious liability, and (2) hospital could not be held liable for medical malpractice based on its alleged failure to have an available pacemaker.