Biber Kukic, et al., Plaintiffs–Appellants, v. Blanca N. Grand, M.D., Defendant, Steven J. Colucci, M.D., et al., Defendants–Respondents. (2011)

Garbarini & Scher, New York (William D. Buckley of counsel), for St. Barnabas Hospital, respondent.

Callan, Koster, Brady & Brennan, LLP, New York (Michael P. Kandler of counsel), for George Amilo, M.D., and Bronx Psychiatric Services, P.C., respondents.

Jones, Hirsch, Connors & Bull P.C., New York (Michael P. Kelly of counsel), for Steven J. Colucci, M.D., and Patricia Dharapak, M.D., respondents.

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Judgment, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered February 1, 2010, dismissing the complaint against defendants Steven J. Colucci, M.D., George M. Amilo, M.D., and St. Barnabas Hospital, and bringing up for review an order, same court and justice, entered January 27, 2010, which granted those defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.   Appeal from the above order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court correctly found that Drs. Colucci and Amilo established their prima facie entitlement to summary judgment by submitting medical experts' affidavits opining that their treatment of plaintiff Biber Kukic comported with good and accepted medical practice, and that Kukic's jump from a window while under one-to-one supervision was neither foreseeable nor proximately caused by any departures or deviations in the standard of care by either doctor.

‘s injuries against Colucci, Amilo, and the other physician defendants previously dismissed from this action, there can be no vicarious liability for plaintiff's injuries against the hospital (Lopez v. Master, 58 AD3d 425 [2009], citing Magriz v. St. Barnabas Hosp., 43 AD3d 331 [2007], lv denied, lv dismissed 10 NY3d 790 [2008];  Bertini v Columbia Presbyt.   Med. Ctr., 279 A.D.2d 492 [2001] ).   In any event, the opinions in plaintiff's expert's affirmation identifying the manner in which the hospital staff deviated from good and accepted medical practice are speculative and wholly unsupported by the record (see DeFilippo v. New York Downtown Hosp., 10 AD3d 521 [2004] ).

We have considered the remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK