Alan Friedberg (Partner-White Plains, NY) and Christopher Peticca (Associate-White Plains, NY) obtained summary judgment dismissing plaintiff’s complaint in its entirety, which included claims of medical malpractice and wrongful death. Two nonparty EMTs responded to a 911 call involving plaintiff’s decedent’s complaints of abdominal pain, nausea, vomiting, and cold sweats and determined that decedent had normal vital signs, treated her with oxygen for comfort per the standard of care for abdominal pain, and timely transported her to the insured hospital where she went into cardiac arrest. She was resuscitated, but suffered brain damage and lived in an extended care facility for approximately 2.5 years until her death. At the pretrial conference, plaintiff’s demand was $5.1 million. Alan and Christopher argued that the insured hospital was not vicariously liable for the nonparty EMTs because the hospital did not employ or dictate the actions of the EMTs, nor did the hospital bill for the services the EMTs rendered. In addition, they argued that plaintiff failed to raise a triable issue of fact with respect to whether the standard of care was followed. Justice Frishman, New York State Supreme Court, Bronx County, granted their motion for summary judgment, holding that plaintiff’s expert was not qualified to render an opinion in this case and that the treatment at issue was consistent with the standard of care.