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CHAPMAN v. TOVAR

8724, 21457/13E.

170 A.D.3d 518 (2019)

93 N.Y.S.3d 851

2019 NY Slip Op 01848

Mettie Alicia Chapman, Respondent, v. Winifred S. Tovar, M.D., et al., Defendants, and St. Barnabas Hospital, Appellant.

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

Decided March 14, 2019.

St. Barnabas failed to make a prima facie showing of entitlement to summary judgment by demonstrating the absence of any material issues of fact as to whether Dr. Tovar was acting as its agent (see Malcolm v Mount Vernon Hosp., 309 A.D.2d 704, 706 [1st Dept 2003], lv dismissed 2 N.Y.3d 793 [2004]). St. Barnabas also failed to show that the plaintiff could not have reasonably believed Dr...

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