Opinion
January 21, 1983
Appeal from the Supreme Court, Erie County, Gossel, J.
Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.
Order unanimously affirmed, with costs, for reasons stated in the memorandum decision at malpractice term, Gossel, J. We add only that the rule of Bing v. Thunig ( 2 N.Y.2d 656) which abrogated the doctrine of charitable immunity, was correctly retroactively applied ( Keane v. Sloan Kettering Inst. for Cancer Research, 68 A.D.2d 901; see, also, Toth v. Community Hosp. at Glen Cove, 22 N.Y.2d 255; Burton v. Brooklyn Doctors Hosp., 88 A.D.2d 217; O'Neill v Montefiore Hosp., 11 A.D.2d 132) without impairment of defendant's due process rights (see Gurnee v. Aetna Life Cas. Co., 55 N.Y.2d 184).