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DRISDOM v. NIAGARA FALLS MEM. MED. CTR.

CA 07-02582.

2008 NY Slip Op 06265

JONNA J. DRISDOM, AS ADMINISTRATOR OF THE ESTATE OF JONAH R. DRISDOM, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, v. NIAGARA FALLS MEMORIAL MEDICAL CENTER, CITY OF NIAGARA FALLS POLICE DEPARTMENT, CITY OF NIAGARA FALLS, NIAGARA EMERGENCY PHYSICIANS GROUP, P.C., DR. LEONARD FRANCO, AND WALTER R. NICHOLS, JR., DEFENDANTS-APPELLANTS-RESPONDENTS.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 11, 2008.

Attorney(s) appearing for the Case

ROACH, BROWN, MC CARTHY & GRUBER, P.C., BUFFALO (JOEL J. JAVA, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT NIAGARA FALLS MEMORIAL MEDICAL CENTER.

THOMAS M. O'DONNELL, ACTING CORPORATION COUNSEL, NIAGARA FALLS, FOR DEFENDANTS-APPELLANTS-RESPONDENTS CITY OF NIAGARA FALLS POLICE DEPARTMENT, CITY OF NIAGARA FALLS, AND WALTER R. NICHOLS, JR.

DAMON & MOREY LLP, BUFFALO (JESSE B. BALDWIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS NIAGARA EMERGENCY PHYSICIANS GROUP, P.C. AND DR. LEONARD FRANCO.

LAW OFFICE OF JON LOUIS WILSON, LOCKPORT (JON LOUIS WILSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, AND GREEN, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of the motion of defendants Niagara Emergency Physicians Group, P.C. and Dr. Leonard Franco for summary judgment dismissing the first cause of action to the extent that it alleges that defendant Niagara Emergency Physicians Group, P.C. was negligent in failing to properly interview, hire, train, supervise, and monitor its employees, including defendant Dr. Leonard...

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