RALPH TORRILLO SR INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JOSEPHINE TORRILLO DECEASED PLAINTIFF RESPONDENT v. RICHARD CHERNY HEMATOLOGY ONCOLOGY ASSOCIATES OF CENTRAL NEW YORK DEFENDANTS APPELLANTS AND SANTO DIFINO DEFENDANT (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking summary judgment dismissing the complaint, as amplified by the bill of particulars, insofar as it asserts a claim of vicarious liability against defendant Hematology-Oncology Associates of Central New York, P.C. based on the alleged medical malpractice of defendant Santo M. DiFino, M.D., and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice and wrongful death action seeking damages for injuries that plaintiff's decedent sustained after undergoing surgery. Richard C. Cherny, M.D., Hematology-Oncology Associates of Central New York, P.C. (HOA) (collectively, defendants), and defendant Santo M. DiFino, M.D. moved for summary judgment dismissing the complaint against them. Supreme Court granted that part of the motion with respect to DiFino and otherwise denied the motion. Defendants appeal.

We agree with defendants that the court erred in denying that part of their motion seeking summary judgment dismissing the complaint, as amplified by the bill of particulars, insofar as it asserts that HOA is vicariously liable for the alleged malpractice of DiFino, and we therefore modify the order accordingly (see Bieger v Kaleida Health Sys., Inc., 195 AD3d 1473, 1475 [4th Dept 2021]). For reasons stated in the decision and order at Supreme Court, we reject defendants’ remaining contention on appeal.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court