Opinion
June 16, 2000.
Appeal from Order of Supreme Court, Oneida County, Grow, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P. J., GREEN, HAYES AND HURLBUTT, JJ.
Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries allegedly sustained by Sally J. Liddell (plaintiff) as the result of a venipuncture performed by defendant Louanne Apel, a phlebotomist employed by defendant Slocum-Dickson Medical Group, P.C. (Slocum-Dickson). Supreme Court properly granted defendants' motion for partial summary judgment dismissing the fourth cause of action, alleging that Slocum-Dickson was negligent in hiring and supervising Apel. Because Apel was acting within the scope of her employment when plaintiff was injured, Slocum-Dickson is liable for any damages caused by Apel's alleged negligence under the doctrine of respondeat superior, and "no claim may proceed against the employer for negligent hiring" or supervision ( Karoon v. New York City Tr. Auth., 241 A.D.2d 323, 324; see, Eifert v. Bush, 27 A.D.2d 950, 951, affd 22 N.Y.2d 681; Weinberg v. Guttman Breast Diagnostic Inst., 254 A.D.2d 213).